Rep. John E. Bradley
Filed: 5/12/2011
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1 | AMENDMENT TO SENATE BILL 1827
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2 | AMENDMENT NO. ______. Amend Senate Bill 1827 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Public Aid Code is amended by | ||||||
5 | changing Sections 10-1, 10-8.1, 10-10, 10-11, and 10-17.1 and | ||||||
6 | by adding Sections 10-15.1 and 10-16.5a as follows:
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7 | (305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
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8 | Sec. 10-1. Declaration of Public Policy - Persons Eligible | ||||||
9 | for Child Support
Enforcement Services - Fees for | ||||||
10 | Non-Applicants and
Non-Recipients.) It is the intent of this | ||||||
11 | Code that the financial aid
and social welfare services herein | ||||||
12 | provided supplement rather than
supplant the primary and | ||||||
13 | continuing obligation of the family unit for
self-support to | ||||||
14 | the fullest extent permitted by the resources available
to it. | ||||||
15 | This primary and continuing obligation applies whether the | ||||||
16 | family
unit of parents and children or of husband and wife |
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1 | remains intact and
resides in a common household or whether the | ||||||
2 | unit has been broken by
absence of one or more members of the | ||||||
3 | unit. The obligation of the
family unit is particularly | ||||||
4 | applicable when a member is in necessitous
circumstances and | ||||||
5 | lacks the means of a livelihood compatible with health
and | ||||||
6 | well-being.
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7 | It is the purpose of this Article to provide for locating | ||||||
8 | an absent
parent or spouse, for determining his financial | ||||||
9 | circumstances, and for
enforcing his legal obligation of | ||||||
10 | support, if he is able to furnish
support, in whole or in part. | ||||||
11 | The Department of Healthcare and Family Services shall give
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12 | priority to establishing, enforcing
and collecting the current | ||||||
13 | support obligation, and then to past due support
owed to the | ||||||
14 | family unit, except with respect to collections effected
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15 | through the intercept programs provided for in this Article.
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16 | The child support enforcement services provided hereunder
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17 | shall be
furnished dependents of an absent parent or spouse who | ||||||
18 | are applicants
for or recipients of financial aid under this | ||||||
19 | Code. It is not,
however, a condition of eligibility for | ||||||
20 | financial aid that there be no
responsible relatives who are | ||||||
21 | reasonably able to provide support. Nor,
except as provided in | ||||||
22 | Sections 4-1.7 and 10-8, shall the existence of
such relatives | ||||||
23 | or their payment of support contributions disqualify a
needy | ||||||
24 | person for financial aid.
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25 | By accepting financial aid under this Code, a spouse or a | ||||||
26 | parent or
other person having custody of a child shall be |
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1 | deemed to have made
assignment to the Illinois Department for | ||||||
2 | aid under Articles III, IV,
V and VII or to a local | ||||||
3 | governmental unit for aid under Article VI of
any and all | ||||||
4 | rights, title, and interest in any support obligation, | ||||||
5 | excluding including statutory interest thereon, up to
the | ||||||
6 | amount of financial aid provided. The rights to support | ||||||
7 | assigned to
the Department of Healthcare and Family Services | ||||||
8 | (formerly
Illinois Department of Public Aid) or local | ||||||
9 | governmental unit shall
constitute an
obligation owed the State | ||||||
10 | or local governmental unit by the person who
is responsible for | ||||||
11 | providing the support, and shall be collectible under
all | ||||||
12 | applicable processes.
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13 | The Department of Healthcare and Family Services shall also | ||||||
14 | furnish the child support enforcement services established | ||||||
15 | under this Article in
behalf of persons who
are not applicants | ||||||
16 | for or recipients of financial aid
under this Code in | ||||||
17 | accordance with the requirements of Title IV, Part D of the
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18 | Social Security Act. The Department may
establish a schedule of | ||||||
19 | reasonable fees, to be paid for the services
provided and may | ||||||
20 | deduct a collection fee, not to exceed 10% of the amount
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21 | collected, from such collection.
The
Department of Healthcare | ||||||
22 | and Family Services shall cause to be published and
distributed | ||||||
23 | publications
reasonably calculated to inform the public that | ||||||
24 | individuals who are not
recipients of or applicants for public | ||||||
25 | aid under this Code are eligible
for the child support | ||||||
26 | enforcement services under this
Article X. Such
publications
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1 | shall set forth an explanation, in plain language, that the | ||||||
2 | child
support enforcement services program is independent of | ||||||
3 | any public
aid program under the Code and that the receiving of | ||||||
4 | child
support
enforcement services in no way implies that the | ||||||
5 | person
receiving such services is receiving
public aid.
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6 | (Source: P.A. 94-90, eff. 1-1-06; 95-331, eff. 8-21-07.)
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7 | (305 ILCS 5/10-8.1)
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8 | Sec. 10-8.1. Temporary order for child support. | ||||||
9 | Notwithstanding any other
law to the contrary, pending the | ||||||
10 | outcome of an
administrative determination of parentage, the | ||||||
11 | Illinois Department shall issue
a temporary order for child | ||||||
12 | support, upon motion by a party and a showing of
clear and | ||||||
13 | convincing evidence of paternity. In determining the amount of | ||||||
14 | the
temporary child support award, the Illinois Department | ||||||
15 | shall use the
guidelines and standards set forth in subsection | ||||||
16 | (a) of Section 505 and in
Section 505.2 of the Illinois | ||||||
17 | Marriage and Dissolution of Marriage Act.
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18 | Any new or existing support order entered by the Illinois | ||||||
19 | Department under
this Section shall be deemed to be a series of | ||||||
20 | judgments against the person
obligated to pay support | ||||||
21 | thereunder, each such judgment to be in the amount of
each | ||||||
22 | payment or installment of support and each judgment to be | ||||||
23 | deemed entered
as of the date the corresponding payment or | ||||||
24 | installment becomes due under the
terms of the support order. | ||||||
25 | Each such judgment shall have
the full force, effect, and |
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1 | attributes of any other judgment of this State,
including the | ||||||
2 | ability to be enforced. Any such judgment is subject to
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3 | modification or termination only in accordance with Section 510 | ||||||
4 | of the
Illinois Marriage and Dissolution of Marriage Act.
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5 | Interest shall accrue on support obligations as provided in | ||||||
6 | Section 12-109 of the Code of Civil Procedure. A lien arises by | ||||||
7 | operation of law against the real and personal property of the
| ||||||
8 | noncustodial parent for each
installment of overdue support | ||||||
9 | owed by the noncustodial parent.
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10 | All orders for support entered or modified in a case in | ||||||
11 | which a party is
receiving child support enforcement services | ||||||
12 | under this
Article X shall include
a provision requiring the | ||||||
13 | non-custodial parent to notify the Illinois
Department, within | ||||||
14 | 7 days, (i) of the name, address, and telephone number of
any | ||||||
15 | new
employer of the non-custodial parent, (ii) whether the | ||||||
16 | non-custodial parent has
access to health insurance coverage | ||||||
17 | through the employer or other group
coverage, and, if so, the | ||||||
18 | policy name and number and the names of persons
covered under | ||||||
19 | the policy, and (iii) of any new residential or mailing address
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20 | or telephone number of the non-custodial parent.
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21 | In any subsequent action to enforce a support order, upon | ||||||
22 | sufficient showing
that diligent effort has been made to | ||||||
23 | ascertain the location of the
non-custodial parent, service of | ||||||
24 | process or provision of notice necessary in
that action may be | ||||||
25 | made at the last known address of the non-custodial parent,
in | ||||||
26 | any manner expressly provided by the Code of
Civil Procedure or |
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1 | this Act, which service shall be sufficient for purposes of
due | ||||||
2 | process.
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3 | An order for support shall include a date on which the | ||||||
4 | current support
obligation terminates. The termination date | ||||||
5 | shall be no earlier than the date
on which the child covered by | ||||||
6 | the order will attain the age of
18. However, if the child will | ||||||
7 | not graduate from high school until after
attaining the age
of | ||||||
8 | 18, then the termination date shall be no earlier than the | ||||||
9 | earlier of the
date on which
the child's high school graduation | ||||||
10 | will occur or the date on which the child
will attain the
age | ||||||
11 | of 19. The order for support shall state that the termination
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12 | date does not apply to any arrearage that may remain unpaid on | ||||||
13 | that date.
Nothing in this paragraph shall be construed to | ||||||
14 | prevent the Illinois Department
from modifying the order or | ||||||
15 | terminating the order in the event the child is
otherwise | ||||||
16 | emancipated.
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17 | If there is an unpaid arrearage or delinquency (as those | ||||||
18 | terms are defined in the Income Withholding for Support Act) | ||||||
19 | equal to at least one month's support obligation on the | ||||||
20 | termination date stated in the order for support or, if there | ||||||
21 | is no termination date stated in the order, on the date the | ||||||
22 | child attains the age of majority or is otherwise emancipated, | ||||||
23 | then the periodic amount required to be paid for current | ||||||
24 | support of that child immediately prior to that date shall | ||||||
25 | automatically continue to be an obligation, not as current | ||||||
26 | support but as periodic payment toward satisfaction of the |
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1 | unpaid arrearage or delinquency. That periodic payment shall be | ||||||
2 | in addition to any periodic payment previously required for | ||||||
3 | satisfaction of the arrearage or delinquency. The total | ||||||
4 | periodic amount to be paid toward satisfaction of the arrearage | ||||||
5 | or delinquency may be enforced and collected by any method | ||||||
6 | provided by law for the enforcement and collection of child | ||||||
7 | support, including but not limited to income withholding under | ||||||
8 | the Income Withholding for Support Act. Each order for support | ||||||
9 | entered or modified on or after the effective date of this | ||||||
10 | amendatory Act of the 93rd General Assembly must contain a | ||||||
11 | statement notifying the parties of the requirements of this | ||||||
12 | paragraph. Failure to include the statement in the order for | ||||||
13 | support does not affect the validity of the order or the | ||||||
14 | operation of the provisions of this paragraph with regard to | ||||||
15 | the order. This paragraph shall not be construed to prevent or | ||||||
16 | affect the establishment or modification of an order for the | ||||||
17 | support of a minor child or the establishment or modification | ||||||
18 | of an order for the support of a non-minor child or educational | ||||||
19 | expenses under Section 513 of the Illinois Marriage and | ||||||
20 | Dissolution of Marriage Act.
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21 | (Source: P.A. 92-590, eff. 7-1-02; 92-876, eff. 6-1-03; | ||||||
22 | 93-1061, eff. 1-1-05.)
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23 | (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
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24 | Sec. 10-10. Court enforcement; applicability also to | ||||||
25 | persons who are
not applicants or recipients. Except where the |
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1 | Illinois Department, by
agreement, acts for the local | ||||||
2 | governmental unit, as provided in Section
10-3.1, local | ||||||
3 | governmental units shall refer to the State's Attorney or
to | ||||||
4 | the proper legal representative of the governmental unit, for
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5 | judicial enforcement as herein provided, instances of | ||||||
6 | non-support or
insufficient support when the dependents are | ||||||
7 | applicants or recipients
under Article VI. The Child and Spouse | ||||||
8 | Support Unit
established by Section 10-3.1 may institute in | ||||||
9 | behalf of the Illinois
Department any actions under this | ||||||
10 | Section for judicial enforcement of
the support liability when | ||||||
11 | the dependents are (a) applicants or
recipients under Articles | ||||||
12 | III, IV, V or VII; (b) applicants or recipients
in a local | ||||||
13 | governmental unit when the Illinois Department, by agreement,
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14 | acts for the unit; or (c) non-applicants or non-recipients who | ||||||
15 | are
receiving child support enforcement services under this | ||||||
16 | Article X, as
provided
in Section 10-1. Where the Child and | ||||||
17 | Spouse Support Unit has exercised
its option and discretion not | ||||||
18 | to apply the provisions of Sections 10-3 through
10-8, the | ||||||
19 | failure by the Unit to apply such provisions shall not be a bar
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20 | to bringing an action under this Section.
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21 | Action shall be brought in the circuit court to obtain | ||||||
22 | support, or
for the recovery of aid granted during the period | ||||||
23 | such support was not
provided, or both for the obtainment of | ||||||
24 | support and the recovery of the
aid provided. Actions for the | ||||||
25 | recovery of aid may be taken separately
or they may be | ||||||
26 | consolidated with actions to obtain support. Such
actions may |
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1 | be brought in the name of the person or persons requiring
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2 | support, or may be brought in the name of the Illinois | ||||||
3 | Department or the
local governmental unit, as the case | ||||||
4 | requires, in behalf of such persons.
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5 | The court may enter such orders for the payment of moneys | ||||||
6 | for the
support of the person as may be just and equitable and | ||||||
7 | may direct
payment thereof for such period or periods of time | ||||||
8 | as the circumstances
require, including support for a period | ||||||
9 | before the date the order for support
is entered. The order may | ||||||
10 | be entered against any or all of the defendant
responsible | ||||||
11 | relatives and may be based upon the proportionate ability of
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12 | each to contribute to the person's support.
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13 | The Court shall determine the amount of child support | ||||||
14 | (including child
support for a period before the date the order | ||||||
15 | for child support is entered)
by
using the
guidelines and | ||||||
16 | standards set forth in subsection (a) of Section 505 and in
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17 | Section 505.2 of the Illinois Marriage and Dissolution of | ||||||
18 | Marriage Act.
For purposes of determining the amount of child | ||||||
19 | support to be paid for a
period before the date the order for | ||||||
20 | child support is entered, there is a
rebuttable
presumption | ||||||
21 | that the responsible relative's net income for that period was | ||||||
22 | the
same as his or her net income at the time the order is | ||||||
23 | entered.
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24 | If (i) the responsible relative was properly served with a | ||||||
25 | request for
discovery of
financial information relating to the | ||||||
26 | responsible relative's ability to provide
child support, (ii)
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1 | the responsible relative failed to comply with the request, | ||||||
2 | despite having been
ordered to
do so by the court, and (iii) | ||||||
3 | the responsible relative is not present at the
hearing to
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4 | determine support despite having received proper notice, then | ||||||
5 | any relevant
financial
information concerning the responsible | ||||||
6 | relative's ability to provide child
support
that was
obtained | ||||||
7 | pursuant to subpoena and proper notice shall be admitted into | ||||||
8 | evidence
without
the need to establish any further foundation | ||||||
9 | for its admission.
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10 | An order entered under this Section shall include a | ||||||
11 | provision requiring
the obligor to report to the obligee and to | ||||||
12 | the clerk of court within 10 days
each time the obligor obtains | ||||||
13 | new employment, and each time the obligor's
employment is | ||||||
14 | terminated for any reason.
The report shall be in writing and | ||||||
15 | shall, in the case of new employment,
include the name and | ||||||
16 | address of the new employer.
Failure to report new employment | ||||||
17 | or
the termination of current employment, if coupled with | ||||||
18 | nonpayment of support
for a period in excess of 60 days, is | ||||||
19 | indirect criminal contempt. For
any obligor arrested for | ||||||
20 | failure to report new employment bond shall be set in
the | ||||||
21 | amount of the child support that should have been paid during | ||||||
22 | the period of
unreported employment. An order entered under | ||||||
23 | this Section shall also include
a provision requiring the | ||||||
24 | obligor and obligee parents to advise each other of a
change in | ||||||
25 | residence within 5 days of the change
except when the court | ||||||
26 | finds that the physical, mental, or emotional health
of a party |
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1 | or that of a minor child, or both, would be seriously | ||||||
2 | endangered by
disclosure of the party's address.
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3 | The Court shall determine the amount of maintenance using | ||||||
4 | the standards
set forth in Section 504 of the Illinois Marriage | ||||||
5 | and Dissolution of Marriage
Act.
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6 | Any new or existing support order entered by the court | ||||||
7 | under this
Section shall be deemed to be a series of judgments | ||||||
8 | against the person
obligated to pay support thereunder, each | ||||||
9 | such judgment to be in the amount
of each payment or | ||||||
10 | installment of support and each such judgment to be
deemed | ||||||
11 | entered as of the date the corresponding payment or installment
| ||||||
12 | becomes due under the terms of the support order. Each such | ||||||
13 | judgment shall
have the full force, effect and attributes of | ||||||
14 | any other judgment of this
State, including the ability to be | ||||||
15 | enforced. Any such judgment is subject
to modification or | ||||||
16 | termination only in accordance with Section 510 of the
Illinois | ||||||
17 | Marriage and Dissolution of Marriage Act.
Interest shall accrue | ||||||
18 | on support obligations as provided in Section 12-109 of the | ||||||
19 | Code of Civil Procedure. A lien arises by operation of law | ||||||
20 | against the real and personal property of
the noncustodial | ||||||
21 | parent for each
installment of overdue support owed by the | ||||||
22 | noncustodial parent.
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23 | When an order is entered for the support of a minor, the | ||||||
24 | court may
provide therein for reasonable visitation of the | ||||||
25 | minor by the person or
persons who provided support pursuant to | ||||||
26 | the order. Whoever willfully
refuses to comply with such |
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1 | visitation order or willfully interferes
with its enforcement | ||||||
2 | may be declared in contempt of court and punished
therefor.
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3 | Except where the local governmental unit has entered into | ||||||
4 | an
agreement with the Illinois Department for the Child and | ||||||
5 | Spouse Support
Unit to act for it, as provided in Section | ||||||
6 | 10-3.1, support orders
entered by the court in cases involving | ||||||
7 | applicants or recipients under
Article VI shall provide that | ||||||
8 | payments thereunder be made
directly to the local governmental | ||||||
9 | unit. Orders for the support of all
other applicants or | ||||||
10 | recipients shall provide that payments thereunder be
made | ||||||
11 | directly to the Illinois Department.
In accordance with federal | ||||||
12 | law and regulations, the Illinois Department may
continue to | ||||||
13 | collect current maintenance payments or child support | ||||||
14 | payments, or
both, after those persons cease to receive public | ||||||
15 | assistance and until
termination of services under Article X. | ||||||
16 | The Illinois Department shall pay the
net amount collected to | ||||||
17 | those persons after deducting any costs incurred in
making
the | ||||||
18 | collection or any collection fee from the amount of any | ||||||
19 | recovery made. In both cases the order shall permit the local
| ||||||
20 | governmental unit or the Illinois Department, as the case may | ||||||
21 | be, to direct
the responsible relative or relatives to make | ||||||
22 | support payments directly to
the needy person, or to some | ||||||
23 | person or agency in his behalf, upon removal
of the person from | ||||||
24 | the public aid rolls or upon termination of services under
| ||||||
25 | Article X.
| ||||||
26 | If the notice of support due issued pursuant to Section |
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| |||||||
1 | 10-7 directs
that support payments be made directly to the | ||||||
2 | needy person, or to some
person or agency in his behalf, and | ||||||
3 | the recipient is removed from the
public aid rolls, court | ||||||
4 | action may be taken against the responsible
relative hereunder | ||||||
5 | if he fails to furnish support in accordance with the
terms of | ||||||
6 | such notice.
| ||||||
7 | Actions may also be brought under this Section in behalf of | ||||||
8 | any
person who is in need of support from responsible | ||||||
9 | relatives, as defined
in Section 2-11 of Article II who is not | ||||||
10 | an applicant for or recipient
of financial aid under this Code. | ||||||
11 | In such instances, the State's
Attorney of the county in which | ||||||
12 | such person resides shall bring action
against the responsible | ||||||
13 | relatives hereunder. If the Illinois
Department, as authorized | ||||||
14 | by Section 10-1, extends the child support
enforcement
services
| ||||||
15 | provided by this Article to spouses and dependent children who | ||||||
16 | are not
applicants or recipients under this Code, the Child and | ||||||
17 | Spouse Support
Unit established by Section 10-3.1 shall bring | ||||||
18 | action against the
responsible relatives hereunder and any | ||||||
19 | support orders entered by the
court in such cases shall provide | ||||||
20 | that payments thereunder be made
directly to the Illinois | ||||||
21 | Department.
| ||||||
22 | Whenever it is determined in a proceeding to establish or | ||||||
23 | enforce a child
support or maintenance obligation that the | ||||||
24 | person owing a duty of support
is unemployed, the court may | ||||||
25 | order the person to seek employment and report
periodically to | ||||||
26 | the court with a diary, listing or other memorandum of his
or |
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| |||||||
1 | her efforts in accordance with such order. Additionally, the | ||||||
2 | court may
order the unemployed person to report to the | ||||||
3 | Department of Employment
Security for job search services or to | ||||||
4 | make application with the local Job
Training Partnership Act | ||||||
5 | provider for participation in job search,
training or work | ||||||
6 | programs and where the duty of support is owed to a child
| ||||||
7 | receiving child support enforcement services under this | ||||||
8 | Article X, the
court may
order the
unemployed person to report | ||||||
9 | to the Illinois Department for participation
in job search, | ||||||
10 | training or work programs established under Section 9-6 and
| ||||||
11 | Article IXA of this Code.
| ||||||
12 | Whenever it is determined that a person owes past-due | ||||||
13 | support for a child
receiving assistance under this Code, the | ||||||
14 | court shall order at the request of
the Illinois Department:
| ||||||
15 | (1) that the person pay the past-due support in | ||||||
16 | accordance with a plan
approved by the court; or
| ||||||
17 | (2) if the person owing past-due support is unemployed, | ||||||
18 | is subject to
such a plan, and is not incapacitated, that | ||||||
19 | the person participate in such job
search, training, or | ||||||
20 | work programs established under Section 9-6 and Article
IXA | ||||||
21 | of this Code as the court deems appropriate.
| ||||||
22 | A determination under this Section shall not be | ||||||
23 | administratively
reviewable by the procedures specified in | ||||||
24 | Sections 10-12, and 10-13 to
10-13.10. Any determination under | ||||||
25 | these Sections, if made the basis of
court action under this | ||||||
26 | Section, shall not affect the de novo judicial
determination |
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1 | required under this Section.
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2 | A one-time charge of 20% is imposable upon the amount of | ||||||
3 | past-due child
support owed on July 1, 1988 which has accrued | ||||||
4 | under a support order
entered by the court. The charge shall be | ||||||
5 | imposed in accordance with the
provisions of Section 10-21 of | ||||||
6 | this Code and shall be enforced by the court
upon petition.
| ||||||
7 | All orders for support, when entered or modified, shall
| ||||||
8 | include a provision requiring the non-custodial parent to | ||||||
9 | notify the court and,
in cases in which a party is receiving | ||||||
10 | child support
enforcement services under
this Article X, the | ||||||
11 | Illinois Department, within 7 days, (i) of the name,
address, | ||||||
12 | and telephone number of any new employer of the non-custodial | ||||||
13 | parent,
(ii) whether the non-custodial parent has access to | ||||||
14 | health insurance coverage
through the employer or other group | ||||||
15 | coverage and, if so, the policy name and
number and the names | ||||||
16 | of persons covered under
the policy, and (iii) of any new | ||||||
17 | residential or mailing address or telephone
number of the | ||||||
18 | non-custodial parent. In any subsequent action to enforce a
| ||||||
19 | support order, upon a sufficient showing that a diligent effort | ||||||
20 | has been made
to ascertain the location of the non-custodial | ||||||
21 | parent, service of process or
provision of notice necessary in | ||||||
22 | the case may be made at the last known
address of the | ||||||
23 | non-custodial parent in any manner expressly provided by the
| ||||||
24 | Code of Civil Procedure or this Code, which service shall be | ||||||
25 | sufficient for
purposes of due process.
| ||||||
26 | An order for support shall include a date on which the |
| |||||||
| |||||||
1 | current support
obligation terminates. The termination date | ||||||
2 | shall be no earlier than the
date on which the child covered by | ||||||
3 | the order will attain the age of
18. However, if the child will | ||||||
4 | not graduate from high school until after
attaining the age
of | ||||||
5 | 18, then the termination date shall be no earlier than the | ||||||
6 | earlier of the
date on which
the child's high school graduation | ||||||
7 | will occur or the date on which the child
will attain the
age | ||||||
8 | of 19. The order for support shall state
that the termination | ||||||
9 | date does not apply to
any arrearage that may remain unpaid on | ||||||
10 | that date. Nothing in this paragraph
shall be construed to | ||||||
11 | prevent the court from modifying the order or terminating
the | ||||||
12 | order in the event the child is otherwise emancipated.
| ||||||
13 | If there is an unpaid arrearage or delinquency (as those | ||||||
14 | terms are defined in the Income Withholding for Support Act) | ||||||
15 | equal to at least one month's support obligation on the | ||||||
16 | termination date stated in the order for support or, if there | ||||||
17 | is no termination date stated in the order, on the date the | ||||||
18 | child attains the age of majority or is otherwise emancipated, | ||||||
19 | then the periodic amount required to be paid for current | ||||||
20 | support of that child immediately prior to that date shall | ||||||
21 | automatically continue to be an obligation, not as current | ||||||
22 | support but as periodic payment toward satisfaction of the | ||||||
23 | unpaid arrearage or delinquency. That periodic payment shall be | ||||||
24 | in addition to any periodic payment previously required for | ||||||
25 | satisfaction of the arrearage or delinquency. The total | ||||||
26 | periodic amount to be paid toward satisfaction of the arrearage |
| |||||||
| |||||||
1 | or delinquency may be enforced and collected by any method | ||||||
2 | provided by law for the enforcement and collection of child | ||||||
3 | support, including but not limited to income withholding under | ||||||
4 | the Income Withholding for Support Act. Each order for support | ||||||
5 | entered or modified on or after the effective date of this | ||||||
6 | amendatory Act of the 93rd General Assembly must contain a | ||||||
7 | statement notifying the parties of the requirements of this | ||||||
8 | paragraph. Failure to include the statement in the order for | ||||||
9 | support does not affect the validity of the order or the | ||||||
10 | operation of the provisions of this paragraph with regard to | ||||||
11 | the order. This paragraph shall not be construed to prevent or | ||||||
12 | affect the establishment or modification of an order for the | ||||||
13 | support of a minor child or the establishment or modification | ||||||
14 | of an order for the support of a non-minor child or educational | ||||||
15 | expenses under Section 513 of the Illinois Marriage and | ||||||
16 | Dissolution of Marriage Act.
| ||||||
17 | Payments under this Section to the Illinois Department | ||||||
18 | pursuant to the
Child Support Enforcement Program established | ||||||
19 | by Title IV-D of the Social
Security Act shall be paid into the | ||||||
20 | Child Support Enforcement Trust Fund.
All payments under this | ||||||
21 | Section to the Illinois Department of Human
Services shall be | ||||||
22 | deposited in the DHS Recoveries
Trust Fund. Disbursements from | ||||||
23 | these funds shall be as provided in Sections
12-9.1 and 12-10.2 | ||||||
24 | of this Code. Payments received by a local
governmental unit | ||||||
25 | shall be deposited in that unit's General Assistance Fund.
| ||||||
26 | To the extent the provisions of this Section are |
| |||||||
| |||||||
1 | inconsistent with the
requirements pertaining to the State | ||||||
2 | Disbursement Unit under Sections 10-10.4
and 10-26 of this | ||||||
3 | Code, the requirements pertaining to the State Disbursement
| ||||||
4 | Unit shall apply.
| ||||||
5 | (Source: P.A. 94-88, eff. 1-1-06; 95-331, eff. 8-21-07.)
| ||||||
6 | (305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
| ||||||
7 | Sec. 10-11. Administrative Orders. In lieu of actions for | ||||||
8 | court
enforcement of support under Section 10-10, the Child and | ||||||
9 | Spouse Support
Unit of the Illinois Department, in accordance | ||||||
10 | with the rules of the
Illinois Department, may issue an | ||||||
11 | administrative order requiring the
responsible relative to | ||||||
12 | comply with the terms of the determination and
notice of | ||||||
13 | support due, determined and issued under Sections 10-6 and | ||||||
14 | 10-7.
The Unit may also enter an administrative order under | ||||||
15 | subsection (b) of
Section 10-7. The administrative order shall | ||||||
16 | be served upon the
responsible relative by United States | ||||||
17 | registered or certified mail.
In cases in which the responsible | ||||||
18 | relative appeared at the office of the
Child
and Spouse Support | ||||||
19 | Unit in response to the notice of support obligation
issued | ||||||
20 | under Section 10-4, however, or in cases of default in which | ||||||
21 | the notice
was served on the responsible relative by certified | ||||||
22 | mail, return receipt
requested, or by
any
method provided by | ||||||
23 | law for service of summons, the administrative
determination of | ||||||
24 | paternity or administrative support order may be sent to the
| ||||||
25 | responsible relative by ordinary mail addressed to the |
| |||||||
| |||||||
1 | responsible relative's
last known address.
| ||||||
2 | If a responsible relative or a person receiving child | ||||||
3 | support
enforcement services under this Article fails to | ||||||
4 | petition the Illinois
Department for
release from or | ||||||
5 | modification of the administrative order, as provided in
| ||||||
6 | Section 10-12 or Section 10-12.1, the order shall become final | ||||||
7 | and there
shall be no further
administrative or judicial | ||||||
8 | remedy. Likewise a decision by the Illinois
Department as a | ||||||
9 | result of an administrative hearing, as provided in
Sections | ||||||
10 | 10-13 to 10-13.10, shall become final and enforceable if not
| ||||||
11 | judicially reviewed under the Administrative Review Law, as | ||||||
12 | provided in
Section 10-14.
| ||||||
13 | Any new or existing support order entered by the Illinois | ||||||
14 | Department
under this Section shall be deemed to be a series of | ||||||
15 | judgments against the
person obligated to pay support | ||||||
16 | thereunder, each such judgment to be in the
amount of each | ||||||
17 | payment or installment of support and each such judgment to
be | ||||||
18 | deemed entered as of the date the corresponding payment or | ||||||
19 | installment
becomes due under the terms of the support order. | ||||||
20 | Each such judgment
shall have the full force, effect and | ||||||
21 | attributes of any other judgment of
this State, including the | ||||||
22 | ability to be enforced. Any such judgment is
subject to | ||||||
23 | modification or termination only in accordance with Section 510
| ||||||
24 | of the Illinois Marriage and Dissolution of Marriage Act.
| ||||||
25 | Interest shall accrue on support obligations as provided in | ||||||
26 | Section 12-109 of the Code of Civil Procedure. A lien arises by |
| |||||||
| |||||||
1 | operation of law against the real and personal property of
the | ||||||
2 | noncustodial parent for each
installment of overdue support | ||||||
3 | owed by the noncustodial parent.
| ||||||
4 | An order for support shall include a date on which the | ||||||
5 | current support obligation terminates. The termination date | ||||||
6 | shall be no earlier than the date on which the child covered by | ||||||
7 | the order will attain the age of majority or is otherwise | ||||||
8 | emancipated. The order for support shall state that the | ||||||
9 | termination date does not apply to any arrearage that may | ||||||
10 | remain unpaid on that date. Nothing in this paragraph shall be | ||||||
11 | construed to prevent modification of the order by the | ||||||
12 | Department. | ||||||
13 | If there is an unpaid arrearage or delinquency (as those | ||||||
14 | terms are defined in the Income Withholding for Support Act) | ||||||
15 | equal to at least one month's support obligation on the | ||||||
16 | termination date stated in the order for support or, if there | ||||||
17 | is no termination date stated in the order, on the date the | ||||||
18 | child attains the age of majority or is otherwise emancipated, | ||||||
19 | then the periodic amount required to be paid for current | ||||||
20 | support of that child immediately prior to that date shall | ||||||
21 | automatically continue to be an obligation, not as current | ||||||
22 | support but as periodic payment toward satisfaction of the | ||||||
23 | unpaid arrearage or delinquency. That periodic payment shall be | ||||||
24 | in addition to any periodic payment previously required for | ||||||
25 | satisfaction of the arrearage or delinquency. The total | ||||||
26 | periodic amount to be paid toward satisfaction of the arrearage |
| |||||||
| |||||||
1 | or delinquency may be enforced and collected by any method | ||||||
2 | provided by law for the enforcement and collection of child | ||||||
3 | support, including but not limited to income withholding under | ||||||
4 | the Income Withholding for Support Act. Each order for support | ||||||
5 | entered or modified on or after the effective date of this | ||||||
6 | amendatory Act of the 93rd General Assembly must contain a | ||||||
7 | statement notifying the parties of the requirements of this | ||||||
8 | paragraph. Failure to include the statement in the order for | ||||||
9 | support does not affect the validity of the order or the | ||||||
10 | operation of the provisions of this paragraph with regard to | ||||||
11 | the order. This paragraph shall not be construed to prevent or | ||||||
12 | affect the establishment or modification of an order for the | ||||||
13 | support of a minor child or the establishment or modification | ||||||
14 | of an order for the support of a non-minor child or educational | ||||||
15 | expenses under Section 513 of the Illinois Marriage and | ||||||
16 | Dissolution of Marriage Act.
| ||||||
17 | An order for support shall include a date on which the | ||||||
18 | support obligation
terminates. The termination date shall be no | ||||||
19 | earlier than the date on which
the child covered by the order | ||||||
20 | will attain the age of 18. However, if the
child will not | ||||||
21 | graduate from high school until after attaining the age of 18,
| ||||||
22 | then the termination date shall be no earlier than the earlier | ||||||
23 | of the date that
the child's graduation will occur or the date | ||||||
24 | on which the child will attain
the age of 19. The order for | ||||||
25 | support shall state that the termination date
does not apply to | ||||||
26 | any arrearage that may remain unpaid on that date. Nothing
in |
| |||||||
| |||||||
1 | this paragraph shall be construed to prevent the Illinois | ||||||
2 | Department from
modifying the order or terminating the order in | ||||||
3 | the event the child is
otherwise emancipated.
| ||||||
4 | (Source: P.A. 92-590, eff. 7-1-02; 92-876, eff. 6-1-03; | ||||||
5 | 93-1061, eff. 1-1-05.)
| ||||||
6 | (305 ILCS 5/10-15.1 new) | ||||||
7 | Sec. 10-15.1. Judicial registration of administrative
| ||||||
8 | support orders. | ||||||
9 | (a) A final administrative support order established by the
| ||||||
10 | Illinois Department under this Article X may be registered in
| ||||||
11 | the appropriate circuit court of this State by the Department
| ||||||
12 | or by a party to the order by filing: | ||||||
13 | (1) Two copies, including one certified copy of the
| ||||||
14 | order to be registered, any modification of the | ||||||
15 | administrative
support order, any voluntary acknowledgment | ||||||
16 | of paternity
pertaining to the child covered by the order, | ||||||
17 | and the documents
showing service of the notice of support | ||||||
18 | obligation that commenced
the procedure for establishment | ||||||
19 | of the administrative support
order pursuant to Section | ||||||
20 | 10-4 of this Code. | ||||||
21 | (2) A sworn statement by the person requesting
| ||||||
22 | registration or a certified copy of the Department payment
| ||||||
23 | record showing the amount of any past due support accrued
| ||||||
24 | under the administrative support order. | ||||||
25 | (3) The name of the obligor and, if known, the
|
| |||||||
| |||||||
1 | obligor's address and social security number. | ||||||
2 | (4) The name of the obligee and the obligee's address,
| ||||||
3 | unless the obligee alleges in an affidavit or pleading
| ||||||
4 | under oath that the health, safety, or liberty of the
| ||||||
5 | obligee or child would be jeopardized by disclosure of
| ||||||
6 | specific identifying information, in which case that
| ||||||
7 | information must be sealed and may not be disclosed to the
| ||||||
8 | other party or public. After a hearing in which the court
| ||||||
9 | takes into consideration the health, safety, or liberty of
| ||||||
10 | the party or child, the court may order disclosure of
| ||||||
11 | information that the court determines to be in the interest
| ||||||
12 | of justice. | ||||||
13 | (b) The filing of an administrative support order under
| ||||||
14 | Subsection (a) constitutes registration with the circuit
| ||||||
15 | court. | ||||||
16 | (c) A petition or comparable pleading seeking a remedy that
| ||||||
17 | must be affirmatively sought under other law of this State may
| ||||||
18 | be filed at the same time as the request for registration or
| ||||||
19 | later. The pleading must specify the grounds for the remedy
| ||||||
20 | sought. | ||||||
21 | (d) When an administrative support order is registered, the | ||||||
22 | court shall notify the nonregistering party and the Illinois
| ||||||
23 | Department, unless the Department is requesting registration
| ||||||
24 | of its order. The notice, which shall be served on the
| ||||||
25 | nonregistering party by any method provided by law for service
| ||||||
26 | of a summons, must be accompanied by a copy of the
registered |
| |||||||
| |||||||
1 | administrative support order and the documents and
relevant | ||||||
2 | information accompanying the order. | ||||||
3 | (e) A notice of registration of an administrative support
| ||||||
4 | order must provide the following information: | ||||||
5 | (1) That a registered administrative order is
| ||||||
6 | enforceable in the same manner as an order for support
| ||||||
7 | issued by the circuit court. | ||||||
8 | (2) That a hearing to contest enforcement of the
| ||||||
9 | registered administrative support order must be requested
| ||||||
10 | within 30 days after the date of service of the notice. | ||||||
11 | (3) That failure to contest, in a timely manner, the
| ||||||
12 | enforcement of the registered administrative
support order | ||||||
13 | shall result in confirmation of the order and
enforcement | ||||||
14 | of the order and the alleged arrearages and
precludes | ||||||
15 | further contest of that order with respect to any
matter | ||||||
16 | that could have been asserted. | ||||||
17 | (4) The amount of any alleged arrearages. | ||||||
18 | (f) A nonregistering party seeking to contest enforcement
| ||||||
19 | of a registered administrative support order shall request
a | ||||||
20 | hearing within 30 days after the date of service
of notice of | ||||||
21 | the registration. The nonregistering party may
seek to vacate | ||||||
22 | the registration, to assert any defense to an
allegation of | ||||||
23 | noncompliance with the registered administrative
support | ||||||
24 | order, or to contest the remedies being sought or the
amount of | ||||||
25 | any alleged arrearages. | ||||||
26 | (g) If the nonregistering party fails to contest the
|
| |||||||
| |||||||
1 | enforcement of the registered administrative
support order in a | ||||||
2 | timely manner, the order shall be confirmed
by operation of | ||||||
3 | law. | ||||||
4 | (h) If a nonregistering party requests a hearing to contest
| ||||||
5 | the enforcement of the registered administrative
support | ||||||
6 | order, the circuit court shall schedule the matter for
hearing | ||||||
7 | and give notice to the parties and the Illinois
Department of | ||||||
8 | the date, time, and place of the hearing. | ||||||
9 | (i) A party contesting the enforcement of a registered | ||||||
10 | administrative support order or seeking to vacate
the | ||||||
11 | registration has the burden of proving one or more of the
| ||||||
12 | following defenses: | ||||||
13 | (1) The Illinois Department lacked personal
| ||||||
14 | jurisdiction over the contesting party. | ||||||
15 | (2) The administrative support order was obtained by
| ||||||
16 | fraud. | ||||||
17 | (3) The administrative support order has been vacated,
| ||||||
18 | suspended, or modified by a later order. | ||||||
19 | (4) The Illinois Department has stayed the
| ||||||
20 | administrative support order pending appeal. | ||||||
21 | (5) There is a defense under the law to the remedy | ||||||
22 | sought. | ||||||
23 | (6) Full or partial payment has been made. | ||||||
24 | (j) If a party presents evidence establishing a full or
| ||||||
25 | partial payment defense under subsection (i), the court may
| ||||||
26 | stay enforcement of the registered order, continue the
|
| |||||||
| |||||||
1 | proceeding to permit production of additional relevant
| ||||||
2 | evidence, and issue other appropriate orders. An uncontested
| ||||||
3 | portion of the registered administrative support order may be
| ||||||
4 | enforced by all remedies available under State law. | ||||||
5 | (k) If a contesting party does not establish a defense
| ||||||
6 | under subsection (i) to the enforcement of the
administrative | ||||||
7 | support order, the court shall issue an order
confirming the | ||||||
8 | administrative support order. Confirmation of
the registered | ||||||
9 | administrative support order, whether by operation of law or | ||||||
10 | after notice and hearing, precludes further
contest of the | ||||||
11 | order with respect to any matter that could have
been asserted | ||||||
12 | at the time of registration. Upon confirmation,
the registered | ||||||
13 | administrative support order shall be treated in
the same | ||||||
14 | manner as a support order entered by the circuit court,
| ||||||
15 | including the ability of the court to entertain a petition to
| ||||||
16 | modify the administrative support order due to a substantial
| ||||||
17 | change in circumstances, or petitions for visitation or custody
| ||||||
18 | of the child or children covered by the administrative support
| ||||||
19 | order. Nothing in this Section shall be construed to alter the
| ||||||
20 | effect of a final administrative support order, or the | ||||||
21 | restriction
of judicial review of such a final order to the | ||||||
22 | provisions of the
Administrative Review Law, as provided in | ||||||
23 | Section 10-11 of this Code. | ||||||
24 | (305 ILCS 5/10-16.5a new) | ||||||
25 | Sec. 10-16.5a. No enforcement of interest on support |
| |||||||
| |||||||
1 | obligations. Beginning on the effective date of this amendatory | ||||||
2 | Act of the 97th General Assembly, and notwithstanding any other | ||||||
3 | law to the contrary, the Illinois Department shall have no | ||||||
4 | further duty or authority to enforce and collect interest | ||||||
5 | accrued on support obligations established under this Code or | ||||||
6 | under any other law, including any interest on support accrued | ||||||
7 | and deemed to have been assigned to the State under previous | ||||||
8 | law.
| ||||||
9 | (305 ILCS 5/10-17.1) (from Ch. 23, par. 10-17.1)
| ||||||
10 | Sec. 10-17.1. Administrative Order by Registration. The | ||||||
11 | Illinois
Department may provide by rule for the administrative | ||||||
12 | registration of a
support order
entered by a court or | ||||||
13 | administrative body of another
state.
The purpose of | ||||||
14 | registration shall be to enforce or modify the order in
| ||||||
15 | accordance with the provisions of the Uniform Interstate Family | ||||||
16 | Support
Act. Upon
registration, such support order shall become | ||||||
17 | an administrative order of
the Child and Spouse Support Unit by | ||||||
18 | operation of law. The rule shall
provide for notice to and an | ||||||
19 | opportunity to be heard by the responsible
relative and | ||||||
20 | custodial parent affected, and any final administrative
| ||||||
21 | decision rendered by the
Department shall be reviewed only | ||||||
22 | under and in accordance with the
Administrative Review Law.
| ||||||
23 | Any new or existing support order registered by the | ||||||
24 | Illinois Department
under this Section shall be deemed to be a | ||||||
25 | series of judgments against the
person obligated to pay support |
| |||||||
| |||||||
1 | thereunder, each such judgment to be in the
amount of each | ||||||
2 | payment or installment of support and each such judgment to
be | ||||||
3 | deemed entered as of the date the corresponding payment or | ||||||
4 | installment
becomes due under the terms of the support order. | ||||||
5 | Each such judgment
shall be
enforceable in the same manner as | ||||||
6 | any other judgment in this State.
Interest shall accrue on | ||||||
7 | support obligations as provided in Section 12-109 of the Code | ||||||
8 | of Civil Procedure. A lien arises by operation of law against | ||||||
9 | the real and personal property of
the noncustodial parent for | ||||||
10 | each
installment of overdue support owed by the noncustodial | ||||||
11 | parent.
| ||||||
12 | A one-time charge of 20% is imposable upon the amount of | ||||||
13 | past-due child
support owed on July 1, 1988, which has accrued | ||||||
14 | under a support order
registered by the Illinois Department | ||||||
15 | under this Section. The charge shall
be imposed in accordance | ||||||
16 | with the provisions of Section 10-21 and shall be
enforced by | ||||||
17 | the court in a suit filed under Section 10-15.
| ||||||
18 | (Source: P.A. 90-18, eff. 7-1-97; 90-790, eff. 8-14-98.)
| ||||||
19 | (305 ILCS 5/10-16.5 rep.) | ||||||
20 | Section 7. The Illinois Public Aid Code is amended by | ||||||
21 | repealing Section 10-16.5. | ||||||
22 | Section 10. The Code of Civil Procedure is amended by | ||||||
23 | changing Section 12-109 as follows:
|
| |||||||
| |||||||
1 | (735 ILCS 5/12-109) (from Ch. 110, par. 12-109)
| ||||||
2 | Sec. 12-109. Interest on judgments. | ||||||
3 | (a) Every judgment except those
arising by operation of law | ||||||
4 | from child support orders shall bear interest
thereon as | ||||||
5 | provided in Section 2-1303. | ||||||
6 | (b) Every judgment arising by operation of law from a | ||||||
7 | support order and judgments for retroactive support shall bear | ||||||
8 | interest as provided in this subsection. The interest on | ||||||
9 | judgments arising by operation of law from support orders and | ||||||
10 | judgments for retroactive support shall be calculated by | ||||||
11 | applying one-twelfth of the current statutory interest rate as | ||||||
12 | provided in Section 2-1303 to the unpaid balances, as of the | ||||||
13 | end of the calendar month, of arrearages and any judgments for | ||||||
14 | retroactive support as previously determined by the court and | ||||||
15 | incorporated into an order for support. Interest on such court | ||||||
16 | determinations of arrearages and judgments for retroactive | ||||||
17 | support shall commence accrual starting at the end of the month | ||||||
18 | after the month in which the court's order was entered. The | ||||||
19 | accrued interest shall not be included in the unpaid support | ||||||
20 | balances when calculating interest at the end of the month. The | ||||||
21 | unpaid support balances of arrearages and any judgments for | ||||||
22 | retroactive support as of the end of each month shall be | ||||||
23 | determined by applying all payments received for the month as | ||||||
24 | follows: first, to the total monthly current support | ||||||
25 | obligation; second, to any delinquency that has accrued since | ||||||
26 | the last order for support was entered; third, to any unpaid |
| |||||||
| |||||||
1 | arrearages and balances on any judgments for retroactive | ||||||
2 | support; and fourth, to any accrued interest. Federal income | ||||||
3 | tax refund intercepts shall be applied in accordance with | ||||||
4 | federal law and regulation. The terms "arrearage" and | ||||||
5 | "delinquency" are defined as provided in the Income Withholding | ||||||
6 | for Support Act. Every judgment arising by
operation of law | ||||||
7 | from a child support order shall bear interest as provided
in | ||||||
8 | this subsection. The interest on judgments arising by operation | ||||||
9 | of law from child support orders shall be calculated by | ||||||
10 | applying one-twelfth of the current statutory interest rate as | ||||||
11 | provided in Section 2-1303 to the unpaid child support balance | ||||||
12 | as of the end of each calendar month. The unpaid child support | ||||||
13 | balance at the end of the month is the total amount of child | ||||||
14 | support ordered, excluding the child support that was due for | ||||||
15 | that month to the extent that it was not paid in that month and | ||||||
16 | including judgments for retroactive child support, less all | ||||||
17 | payments received and applied as set forth in this subsection. | ||||||
18 | The accrued interest shall not be included in the unpaid child | ||||||
19 | support balance when calculating interest at the end of the | ||||||
20 | month. The unpaid child support balance as of the end of each | ||||||
21 | month shall be determined by calculating the current monthly | ||||||
22 | child support obligation and applying all payments received for | ||||||
23 | that month, except federal income tax refund intercepts, first | ||||||
24 | to the current monthly child support obligation and then | ||||||
25 | applying any payments in excess of the current monthly child | ||||||
26 | support obligation to the unpaid child support balance owed |
| |||||||
| |||||||
1 | from previous months. The current monthly child support | ||||||
2 | obligation shall be determined from the document that | ||||||
3 | established the support obligation. Federal income tax refund | ||||||
4 | intercepts and any payments in excess of the current monthly | ||||||
5 | child support obligation shall be applied to the unpaid child | ||||||
6 | support balance. Any payments in excess of the current monthly | ||||||
7 | child support obligation and the unpaid child support balance | ||||||
8 | shall be applied to the accrued interest on the unpaid child | ||||||
9 | support balance. Interest on child support obligations may be | ||||||
10 | collected by any means available under federal and State laws, | ||||||
11 | rules, and regulations providing for the collection of child | ||||||
12 | support.
| ||||||
13 | (Source: P.A. 94-90, eff. 1-1-06.)
| ||||||
14 | Section 15. The Illinois Marriage and Dissolution of | ||||||
15 | Marriage Act is amended by changing Sections 504 and 505 as | ||||||
16 | follows:
| ||||||
17 | (750 ILCS 5/504) (from Ch. 40, par. 504)
| ||||||
18 | Sec. 504. Maintenance.
| ||||||
19 | (a) In a proceeding for dissolution of marriage or legal | ||||||
20 | separation or
declaration of invalidity of marriage, or a | ||||||
21 | proceeding for maintenance
following dissolution of the | ||||||
22 | marriage by a court which lacked personal
jurisdiction over the | ||||||
23 | absent spouse, the court may grant a temporary or
permanent | ||||||
24 | maintenance award for either spouse in amounts and for periods |
| |||||||
| |||||||
1 | of
time as the court deems just, without regard to marital | ||||||
2 | misconduct, in
gross or for fixed or indefinite periods of | ||||||
3 | time, and the maintenance may
be paid from the income or | ||||||
4 | property of the other spouse after consideration
of all | ||||||
5 | relevant factors, including:
| ||||||
6 | (1) the income and property of each party, including | ||||||
7 | marital property
apportioned and non-marital property | ||||||
8 | assigned to the party seeking maintenance;
| ||||||
9 | (2) the needs of each party;
| ||||||
10 | (3) the present and future earning capacity of each | ||||||
11 | party;
| ||||||
12 | (4) any impairment of the present and future earning | ||||||
13 | capacity of the
party seeking maintenance due to that party | ||||||
14 | devoting time to domestic
duties or having forgone or | ||||||
15 | delayed education, training,
employment, or
career | ||||||
16 | opportunities due to the marriage;
| ||||||
17 | (5) the time necessary to enable the party seeking | ||||||
18 | maintenance to
acquire appropriate education, training, | ||||||
19 | and employment, and whether that
party is able to support | ||||||
20 | himself or herself through appropriate employment
or is the | ||||||
21 | custodian of a child making it appropriate that the | ||||||
22 | custodian not
seek employment;
| ||||||
23 | (6) the standard of living established during the | ||||||
24 | marriage;
| ||||||
25 | (7) the duration of the marriage;
| ||||||
26 | (8) the age and the physical and emotional condition of
|
| |||||||
| |||||||
1 | both parties;
| ||||||
2 | (9) the tax consequences of the property division upon | ||||||
3 | the respective
economic circumstances of the parties;
| ||||||
4 | (10) contributions and services by the party seeking | ||||||
5 | maintenance to
the education, training, career or career | ||||||
6 | potential, or license of the
other spouse;
| ||||||
7 | (11) any valid agreement of the parties; and
| ||||||
8 | (12) any other factor that the court expressly finds to | ||||||
9 | be just and
equitable.
| ||||||
10 | (b) (Blank).
| ||||||
11 | (b-5) Any maintenance obligation including any unallocated | ||||||
12 | maintenance and child support obligation, or any portion of any | ||||||
13 | support obligation, that becomes due and remains unpaid shall | ||||||
14 | accrue simple interest as set forth in Section 505 of this Act.
| ||||||
15 | (b-7) Any new or existing maintenance order including any | ||||||
16 | unallocated maintenance and child support order entered by the | ||||||
17 | court under this Section shall be deemed to be a series of | ||||||
18 | judgments against the person obligated to pay support | ||||||
19 | thereunder. Each such judgment to be in the amount of each | ||||||
20 | payment or installment of support and each such judgment to be | ||||||
21 | deemed entered as of the date the corresponding payment or | ||||||
22 | installment becomes due under the terms of the support order, | ||||||
23 | except no judgment shall arise as to any installment coming due | ||||||
24 | after the termination of maintenance as provided by Section 510 | ||||||
25 | of the Illinois Marriage and Dissolution of Marriage Act or the | ||||||
26 | provisions of any order for maintenance. Each such judgment |
| |||||||
| |||||||
1 | shall have the full force, effect and attributes of any other | ||||||
2 | judgment of this State, including the ability to be enforced. | ||||||
3 | Interest shall accrue on maintenance obligations including | ||||||
4 | unallocated maintenance and child support obligations as | ||||||
5 | provided in Section 12-109 of the Code of Civil Procedure. A | ||||||
6 | lien arises by operation of law against the real and personal | ||||||
7 | property of the obligor for each installment of overdue support | ||||||
8 | owed by the obligor. | ||||||
9 | (c) The court may grant and enforce the payment of | ||||||
10 | maintenance during
the pendency of an appeal as the court shall | ||||||
11 | deem reasonable and proper.
| ||||||
12 | (d) No maintenance shall accrue during the period in which | ||||||
13 | a party is
imprisoned for failure to comply with the court's | ||||||
14 | order for the payment of
such maintenance.
| ||||||
15 | (e) When maintenance is to be paid through the clerk of the | ||||||
16 | court in a
county of 1,000,000 inhabitants or less, the order | ||||||
17 | shall direct the obligor
to pay to the clerk, in addition to | ||||||
18 | the maintenance payments, all fees
imposed by the county board | ||||||
19 | under paragraph (3) of subsection (u) of
Section 27.1 of the | ||||||
20 | Clerks of Courts Act. Unless paid in cash or pursuant
to an | ||||||
21 | order for withholding, the payment of the fee shall be by a | ||||||
22 | separate
instrument from the support payment and shall be made | ||||||
23 | to the order of
the Clerk.
| ||||||
24 | (Source: P.A. 94-89, eff. 1-1-06.)
| ||||||
25 | (750 ILCS 5/505) (from Ch. 40, par. 505)
|
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
1 | Sec. 505. Child support; contempt; penalties.
| |||||||||||||||||||||||||||||
2 | (a) In a proceeding for dissolution of marriage, legal | |||||||||||||||||||||||||||||
3 | separation,
declaration of invalidity of marriage, a | |||||||||||||||||||||||||||||
4 | proceeding for child support
following dissolution of the | |||||||||||||||||||||||||||||
5 | marriage by a court which lacked personal
jurisdiction over the | |||||||||||||||||||||||||||||
6 | absent spouse, a proceeding for modification of a
previous | |||||||||||||||||||||||||||||
7 | order for child support under Section 510 of this Act, or any
| |||||||||||||||||||||||||||||
8 | proceeding authorized under Section 501 or 601 of this Act, the | |||||||||||||||||||||||||||||
9 | court may
order either or both parents owing a duty of support | |||||||||||||||||||||||||||||
10 | to a child of the
marriage to pay an amount reasonable and | |||||||||||||||||||||||||||||
11 | necessary for his support, without
regard to marital | |||||||||||||||||||||||||||||
12 | misconduct. The duty of support owed to a child
includes the | |||||||||||||||||||||||||||||
13 | obligation to provide for the reasonable and necessary
| |||||||||||||||||||||||||||||
14 | physical, mental and emotional health needs of the child.
For | |||||||||||||||||||||||||||||
15 | purposes of this Section, the term "child" shall include any | |||||||||||||||||||||||||||||
16 | child under
age 18 and
any child under age 19 who is still | |||||||||||||||||||||||||||||
17 | attending high school.
| |||||||||||||||||||||||||||||
18 | (1) The Court shall determine the minimum amount of | |||||||||||||||||||||||||||||
19 | support by using the
following guidelines:
| |||||||||||||||||||||||||||||
|
| |||||||
| |||||||
| |||||||
2 | (2) The above guidelines shall be applied in each case | ||||||
3 | unless the court
makes a finding that application of the | ||||||
4 | guidelines would be
inappropriate, after considering the | ||||||
5 | best interests of the child in light of
evidence including | ||||||
6 | but not limited to one or more of the following relevant
| ||||||
7 | factors:
| ||||||
8 | (a) the financial resources and needs of the child;
| ||||||
9 | (b) the financial resources and needs of the | ||||||
10 | custodial parent;
| ||||||
11 | (c) the standard of living the child would have | ||||||
12 | enjoyed had the
marriage not been dissolved;
| ||||||
13 | (d) the physical and emotional condition of the | ||||||
14 | child, and his
educational needs; and
| ||||||
15 | (e) the financial resources and needs of the | ||||||
16 | non-custodial parent.
| ||||||
17 | If the court deviates from the guidelines, the court's | ||||||
18 | finding
shall state the amount of support that would have | ||||||
19 | been required under the
guidelines, if determinable. The | ||||||
20 | court shall include the reason or reasons for
the variance | ||||||
21 | from the
guidelines.
| ||||||
22 | (3) "Net income" is defined as the total of all income | ||||||
23 | from all
sources, minus the following deductions:
| ||||||
24 | (a) Federal income tax (properly calculated | ||||||
25 | withholding or estimated
payments);
| ||||||
26 | (b) State income tax (properly calculated |
| |||||||
| |||||||
1 | withholding or estimated
payments);
| ||||||
2 | (c) Social Security (FICA payments);
| ||||||
3 | (d) Mandatory retirement contributions required by | ||||||
4 | law or as a
condition of employment;
| ||||||
5 | (e) Union dues;
| ||||||
6 | (f) Dependent and individual | ||||||
7 | health/hospitalization insurance premiums;
| ||||||
8 | (g) Prior obligations of support or maintenance | ||||||
9 | actually paid pursuant
to a court order;
| ||||||
10 | (h) Expenditures for repayment of debts that | ||||||
11 | represent reasonable and
necessary expenses for the | ||||||
12 | production of income, medical expenditures
necessary | ||||||
13 | to preserve life or health, reasonable expenditures | ||||||
14 | for the
benefit of the child and the other parent, | ||||||
15 | exclusive of gifts. The court
shall reduce net income | ||||||
16 | in determining the minimum amount of support to be
| ||||||
17 | ordered only for the period that such payments are due | ||||||
18 | and shall enter an
order containing provisions for its | ||||||
19 | self-executing modification upon
termination of such | ||||||
20 | payment period;
| ||||||
21 | (i) Foster care payments paid by the Department of | ||||||
22 | Children and Family Services for providing licensed | ||||||
23 | foster care to a foster child.
| ||||||
24 | (4) In cases where the court order provides for
| ||||||
25 | health/hospitalization insurance coverage pursuant to | ||||||
26 | Section 505.2 of
this Act, the premiums for that insurance, |
| |||||||
| |||||||
1 | or that portion of the premiums
for which the supporting | ||||||
2 | party is responsible in the case of insurance
provided | ||||||
3 | through an employer's health insurance plan where
the | ||||||
4 | employer pays a portion of the premiums, shall be | ||||||
5 | subtracted
from net income in determining the minimum | ||||||
6 | amount of support to be ordered.
| ||||||
7 | (4.5) In a proceeding for child support following | ||||||
8 | dissolution of the
marriage by a court that lacked personal | ||||||
9 | jurisdiction over the absent spouse,
and in which the court | ||||||
10 | is requiring payment of support for the period before
the | ||||||
11 | date an order for current support is entered, there is a | ||||||
12 | rebuttable
presumption
that the supporting party's net | ||||||
13 | income for the prior period was the same as his
or her net | ||||||
14 | income at the time the order for current support is | ||||||
15 | entered.
| ||||||
16 | (5) If the net income cannot be determined because of | ||||||
17 | default or any
other reason, the court shall order support | ||||||
18 | in an amount considered
reasonable in the particular case. | ||||||
19 | The final order in all cases shall
state the support level | ||||||
20 | in dollar amounts.
However, if the
court finds that the | ||||||
21 | child support amount cannot be expressed exclusively as a
| ||||||
22 | dollar amount because all or a portion of the payor's net | ||||||
23 | income is uncertain
as to source, time of payment, or | ||||||
24 | amount, the court may order a percentage
amount of support | ||||||
25 | in addition to a specific dollar amount and enter
such | ||||||
26 | other orders as may be necessary to determine and enforce, |
| |||||||
| |||||||
1 | on a timely
basis, the applicable support ordered.
| ||||||
2 | (6) If (i) the non-custodial parent was properly served | ||||||
3 | with a request
for
discovery of financial information | ||||||
4 | relating to the non-custodial parent's
ability to
provide | ||||||
5 | child support, (ii) the non-custodial parent failed to | ||||||
6 | comply with the
request,
despite having been ordered to do | ||||||
7 | so by the court, and (iii) the non-custodial
parent is not | ||||||
8 | present at the hearing to determine support despite having
| ||||||
9 | received
proper notice, then any relevant financial | ||||||
10 | information concerning the
non-custodial parent's ability | ||||||
11 | to provide child support that was obtained
pursuant to
| ||||||
12 | subpoena and proper notice shall be admitted into evidence | ||||||
13 | without the need to
establish any further foundation for | ||||||
14 | its admission.
| ||||||
15 | (a-5) In an action to enforce an order for support based on | ||||||
16 | the
respondent's failure
to make support payments as required | ||||||
17 | by the order, notice of proceedings to
hold the respondent in | ||||||
18 | contempt for that failure may be served on the
respondent by | ||||||
19 | personal service or by regular mail addressed to the | ||||||
20 | respondent's
last known address. The respondent's last known | ||||||
21 | address may be determined from
records of the clerk of the | ||||||
22 | court, from the Federal Case Registry of Child
Support Orders, | ||||||
23 | or by any other reasonable means.
| ||||||
24 | (b) Failure of either parent to comply with an order to pay | ||||||
25 | support shall
be punishable as in other cases of contempt. In | ||||||
26 | addition to other
penalties provided by law the Court may, |
| |||||||
| |||||||
1 | after finding the parent guilty
of contempt, order that the | ||||||
2 | parent be:
| ||||||
3 | (1) placed on probation with such conditions of | ||||||
4 | probation as the Court
deems advisable;
| ||||||
5 | (2) sentenced to periodic imprisonment for a period not | ||||||
6 | to exceed 6
months; provided, however, that the Court may | ||||||
7 | permit the parent to be
released for periods of time during | ||||||
8 | the day or night to:
| ||||||
9 | (A) work; or
| ||||||
10 | (B) conduct a business or other self-employed | ||||||
11 | occupation.
| ||||||
12 | The Court may further order any part or all of the earnings | ||||||
13 | of a parent
during a sentence of periodic imprisonment paid to | ||||||
14 | the Clerk of the Circuit
Court or to the parent having custody | ||||||
15 | or to the guardian having custody
of the children of the | ||||||
16 | sentenced parent for the support of said
children until further | ||||||
17 | order of the Court.
| ||||||
18 | If there is a unity of interest and ownership sufficient to | ||||||
19 | render no
financial separation between a non-custodial parent | ||||||
20 | and another person or
persons or business entity, the court may | ||||||
21 | pierce the ownership veil of the
person, persons, or business | ||||||
22 | entity to discover assets of the non-custodial
parent held in | ||||||
23 | the name of that person, those persons, or that business | ||||||
24 | entity.
The following circumstances are sufficient to | ||||||
25 | authorize a court to order
discovery of the assets of a person, | ||||||
26 | persons, or business entity and to compel
the application of |
| |||||||
| |||||||
1 | any discovered assets toward payment on the judgment for
| ||||||
2 | support:
| ||||||
3 | (1) the non-custodial parent and the person, persons, | ||||||
4 | or business entity
maintain records together.
| ||||||
5 | (2) the non-custodial parent and the person, persons, | ||||||
6 | or business entity
fail to maintain an arms length | ||||||
7 | relationship between themselves with regard to
any assets.
| ||||||
8 | (3) the non-custodial parent transfers assets to the | ||||||
9 | person, persons,
or business entity with the intent to | ||||||
10 | perpetrate a fraud on the custodial
parent.
| ||||||
11 | With respect to assets which
are real property, no order | ||||||
12 | entered under this paragraph shall affect the
rights of bona | ||||||
13 | fide purchasers, mortgagees, judgment creditors, or other lien
| ||||||
14 | holders who acquire their interests in the property prior to | ||||||
15 | the time a notice
of lis pendens pursuant to the Code of Civil | ||||||
16 | Procedure or a copy of the order
is placed of record in the | ||||||
17 | office of the recorder of deeds for the county in
which the | ||||||
18 | real property is located.
| ||||||
19 | The court may also order in cases where the parent is 90 | ||||||
20 | days or more
delinquent in payment of support or has been | ||||||
21 | adjudicated in arrears in an
amount equal to 90 days obligation | ||||||
22 | or more, that the parent's Illinois driving
privileges be | ||||||
23 | suspended until the court
determines that the parent is in | ||||||
24 | compliance with the order of support.
The court may also order | ||||||
25 | that the parent be issued a family financial
responsibility | ||||||
26 | driving permit that would allow limited driving privileges for
|
| |||||||
| |||||||
1 | employment and medical purposes in accordance with Section | ||||||
2 | 7-702.1 of the
Illinois Vehicle Code. The clerk of the circuit | ||||||
3 | court shall certify the order
suspending the driving privileges | ||||||
4 | of the parent or granting the issuance of a
family financial | ||||||
5 | responsibility driving permit to the Secretary of State on
| ||||||
6 | forms prescribed by the Secretary. Upon receipt of the | ||||||
7 | authenticated
documents, the Secretary of State shall suspend | ||||||
8 | the parent's driving privileges
until further order of the | ||||||
9 | court and shall, if ordered by the court, subject to
the | ||||||
10 | provisions of Section 7-702.1 of the Illinois Vehicle Code, | ||||||
11 | issue a family
financial responsibility driving permit to the | ||||||
12 | parent.
| ||||||
13 | In addition to the penalties or punishment that may be | ||||||
14 | imposed under this
Section, any person whose conduct | ||||||
15 | constitutes a violation of Section 15 of the
Non-Support | ||||||
16 | Punishment Act may be prosecuted under that Act, and a person
| ||||||
17 | convicted under that Act may be sentenced in accordance with | ||||||
18 | that Act. The
sentence may include but need not be limited to a | ||||||
19 | requirement that the person
perform community service under | ||||||
20 | Section 50 of that Act or participate in a work
alternative | ||||||
21 | program under Section 50 of that Act. A person may not be | ||||||
22 | required
to participate in a work alternative program under | ||||||
23 | Section 50 of that Act if
the person is currently participating | ||||||
24 | in a work program pursuant to Section
505.1 of this Act.
| ||||||
25 | A support obligation, or any portion of a support | ||||||
26 | obligation, which becomes
due and remains unpaid as of the end |
| |||||||
| |||||||
1 | of each month, excluding the child support that was due for | ||||||
2 | that month to the extent that it was not paid in that month, | ||||||
3 | shall accrue simple interest as set forth in Section 12-109 of | ||||||
4 | the Code of Civil Procedure.
An order for support entered or | ||||||
5 | modified on or after January 1, 2006 shall
contain a statement | ||||||
6 | that a support obligation required under the order, or any
| ||||||
7 | portion of a support obligation required under the order, that | ||||||
8 | becomes due and
remains unpaid as of the end of each month, | ||||||
9 | excluding the child support that was due for that month to the | ||||||
10 | extent that it was not paid in that month, shall accrue simple | ||||||
11 | interest as set forth in Section 12-109 of the Code of Civil | ||||||
12 | Procedure. Failure to include the statement in the order for | ||||||
13 | support does
not affect the validity of the order or the | ||||||
14 | accrual of interest as provided in
this Section.
| ||||||
15 | (c) A one-time charge of 20% is imposable upon the amount | ||||||
16 | of
past-due child support owed on July 1, 1988 which has | ||||||
17 | accrued under a
support order entered by the court. The charge | ||||||
18 | shall be imposed in
accordance with the provisions of Section | ||||||
19 | 10-21 of the Illinois Public Aid
Code and shall be enforced by | ||||||
20 | the court upon petition.
| ||||||
21 | (d) Any new or existing support order entered by the court
| ||||||
22 | under this Section shall be deemed to be a series of judgments | ||||||
23 | against the
person obligated to pay support thereunder, each | ||||||
24 | such judgment to be in the
amount of each payment or | ||||||
25 | installment of support and each such judgment to
be deemed | ||||||
26 | entered as of the date the corresponding payment or installment
|
| |||||||
| |||||||
1 | becomes due under the terms of the support order. Each such | ||||||
2 | judgment shall
have the full force, effect and attributes of | ||||||
3 | any other judgment of this
State, including the ability to be | ||||||
4 | enforced.
Interest shall accrue on support obligations as | ||||||
5 | provided in Section 12-109 of the Code of Civil Procedure. A | ||||||
6 | lien arises by operation of law against the real and personal | ||||||
7 | property of
the noncustodial parent for each installment of | ||||||
8 | overdue support owed by the
noncustodial parent.
| ||||||
9 | (e) When child support is to be paid through the clerk of | ||||||
10 | the court in a
county of 1,000,000 inhabitants or less, the | ||||||
11 | order shall direct the obligor
to pay to the clerk, in addition | ||||||
12 | to the child support payments, all fees
imposed by the county | ||||||
13 | board under paragraph (3) of subsection (u) of
Section 27.1 of | ||||||
14 | the Clerks of Courts Act. Unless paid in cash or pursuant to
an | ||||||
15 | order for withholding, the payment of the fee shall be by a | ||||||
16 | separate
instrument from the support payment and shall be made | ||||||
17 | to the order of the
Clerk.
| ||||||
18 | (f) All orders for support, when entered or
modified, shall | ||||||
19 | include a provision requiring the obligor to notify
the court | ||||||
20 | and, in cases in which a party is receiving child and spouse
| ||||||
21 | services under Article X of the Illinois Public Aid Code, the
| ||||||
22 | Department of Healthcare and Family Services, within 7 days, | ||||||
23 | (i) of the name and address
of any new employer of the obligor, | ||||||
24 | (ii) whether the obligor has access to
health insurance | ||||||
25 | coverage through the employer or other group coverage and,
if | ||||||
26 | so, the policy name and number and the names of persons covered |
| |||||||
| |||||||
1 | under
the policy, and (iii) of any new residential or mailing | ||||||
2 | address or telephone
number of the non-custodial parent. In any | ||||||
3 | subsequent action to enforce a
support order, upon a sufficient | ||||||
4 | showing that a diligent effort has been made
to ascertain the | ||||||
5 | location of the non-custodial parent, service of process or
| ||||||
6 | provision of notice necessary in the case may be made at the | ||||||
7 | last known
address of the non-custodial parent in any manner | ||||||
8 | expressly provided by the
Code of Civil Procedure or this Act, | ||||||
9 | which service shall be sufficient for
purposes of due process.
| ||||||
10 | (g) An order for support shall include a date on which the | ||||||
11 | current
support obligation terminates. The termination date | ||||||
12 | shall be no earlier than
the date on which the child covered by | ||||||
13 | the order will attain the age of
18. However, if the child will | ||||||
14 | not graduate from high school until after
attaining the age of | ||||||
15 | 18, then the termination date shall be no earlier than the
| ||||||
16 | earlier of the date on which the child's high school graduation | ||||||
17 | will occur or
the date on which the child will attain the age | ||||||
18 | of 19. The order for support
shall state that the termination | ||||||
19 | date does not apply to any arrearage that may
remain unpaid on | ||||||
20 | that date. Nothing in this subsection shall be construed to
| ||||||
21 | prevent the court from modifying the order or terminating the | ||||||
22 | order in the
event the child is otherwise emancipated.
| ||||||
23 | (g-5) If there is an unpaid arrearage or delinquency (as | ||||||
24 | those terms are defined in the Income Withholding for Support | ||||||
25 | Act) equal to at least one month's support obligation on the | ||||||
26 | termination date stated in the order for support or, if there |
| |||||||
| |||||||
1 | is no termination date stated in the order, on the date the | ||||||
2 | child attains the age of majority or is otherwise emancipated, | ||||||
3 | the periodic amount required to be paid for current support of | ||||||
4 | that child immediately prior to that date shall automatically | ||||||
5 | continue to be an obligation, not as current support but as | ||||||
6 | periodic payment toward satisfaction of the unpaid arrearage or | ||||||
7 | delinquency. That periodic payment shall be in addition to any | ||||||
8 | periodic payment previously required for satisfaction of the | ||||||
9 | arrearage or delinquency. The total periodic amount to be paid | ||||||
10 | toward satisfaction of the arrearage or delinquency may be | ||||||
11 | enforced and collected by any method provided by law for | ||||||
12 | enforcement and collection of child support, including but not | ||||||
13 | limited to income withholding under the Income Withholding for | ||||||
14 | Support Act. Each order for support entered or modified on or | ||||||
15 | after the effective date of this amendatory Act of the 93rd | ||||||
16 | General Assembly must contain a statement notifying the parties | ||||||
17 | of the requirements of this subsection. Failure to include the | ||||||
18 | statement in the order for support does not affect the validity | ||||||
19 | of the order or the operation of the provisions of this | ||||||
20 | subsection with regard to the order. This subsection shall not | ||||||
21 | be construed to prevent or affect the establishment or | ||||||
22 | modification of an order for support of a minor child or the | ||||||
23 | establishment or modification of an order for support of a | ||||||
24 | non-minor child or educational expenses under Section 513 of | ||||||
25 | this Act.
| ||||||
26 | (h) An order entered under this Section shall include a |
| |||||||
| |||||||
1 | provision requiring
the obligor to report to the obligee and to | ||||||
2 | the clerk of court within 10 days
each time the obligor obtains | ||||||
3 | new employment, and each time the obligor's
employment is | ||||||
4 | terminated for any reason. The report shall be in writing and
| ||||||
5 | shall, in the case of new employment, include the name and | ||||||
6 | address of the new
employer. Failure to report new employment | ||||||
7 | or the termination of current
employment, if coupled with | ||||||
8 | nonpayment of support for a period in excess of 60
days, is | ||||||
9 | indirect criminal contempt. For any obligor arrested for | ||||||
10 | failure to
report new employment bond shall be set in the | ||||||
11 | amount of the child support that
should have been paid during | ||||||
12 | the period of unreported employment. An order
entered under | ||||||
13 | this Section shall also include a provision requiring the | ||||||
14 | obligor
and obligee parents to advise each other of a change in | ||||||
15 | residence within 5 days
of the change except when the court | ||||||
16 | finds that the physical, mental, or
emotional health of a party | ||||||
17 | or that of a child, or both, would be
seriously endangered by | ||||||
18 | disclosure of the party's address.
| ||||||
19 | (i) The court does not lose the powers of contempt, | ||||||
20 | driver's license
suspension, or other child support | ||||||
21 | enforcement mechanisms, including, but
not limited to, | ||||||
22 | criminal prosecution as set forth in this Act, upon the
| ||||||
23 | emancipation of the minor child or children.
| ||||||
24 | (Source: P.A. 95-331, eff. 8-21-07; 96-1134, eff. 7-21-10.)
| ||||||
25 | Section 20. The Non-Support Punishment Act is amended by |
| |||||||
| |||||||
1 | changing Section 20 as follows:
| ||||||
2 | (750 ILCS 16/20)
| ||||||
3 | Sec. 20. Entry of order for support; income withholding.
| ||||||
4 | (a) In a case in which no court or administrative order for | ||||||
5 | support is in
effect against the defendant:
| ||||||
6 | (1) at any time before the trial, upon motion of the | ||||||
7 | State's Attorney, or
of the Attorney General if the action | ||||||
8 | has been instituted by his office, and
upon notice to the | ||||||
9 | defendant, or at the time of arraignment or as a condition
| ||||||
10 | of postponement of arraignment, the court may enter such | ||||||
11 | temporary order for
support as may seem just, providing for | ||||||
12 | the support or maintenance of the
spouse or child or | ||||||
13 | children of the defendant, or both, pendente lite; or
| ||||||
14 | (2) before trial with the consent of the defendant, or | ||||||
15 | at the trial on
entry of a plea of guilty, or after | ||||||
16 | conviction, instead of imposing the penalty
provided in | ||||||
17 | this Act, or in addition thereto, the court may enter an | ||||||
18 | order for
support, subject to modification by the court | ||||||
19 | from time to time as
circumstances may require, directing | ||||||
20 | the defendant to pay a certain sum for
maintenance of the | ||||||
21 | spouse, or for support of the child or children, or both.
| ||||||
22 | (b) The court shall determine the amount of child support | ||||||
23 | by using the
guidelines and standards set forth in subsection | ||||||
24 | (a) of Section 505 and in
Section 505.2 of the Illinois | ||||||
25 | Marriage and Dissolution of Marriage Act.
|
| |||||||
| |||||||
1 | If (i) the non-custodial parent was properly served with a | ||||||
2 | request for
discovery of financial information relating to the | ||||||
3 | non-custodial parent's
ability to provide child support, (ii) | ||||||
4 | the non-custodial parent failed to
comply with the request, | ||||||
5 | despite having been ordered to do so by the court,
and (iii) | ||||||
6 | the non-custodial parent is not present at the hearing to | ||||||
7 | determine
support despite having received proper notice, then | ||||||
8 | any relevant financial
information concerning the | ||||||
9 | non-custodial parent's ability to provide support
that was | ||||||
10 | obtained pursuant to subpoena and proper notice shall be | ||||||
11 | admitted
into evidence without the need to establish any | ||||||
12 | further foundation for its
admission.
| ||||||
13 | (c) The court shall determine the amount of maintenance | ||||||
14 | using the standards
set forth in Section 504 of the Illinois | ||||||
15 | Marriage and Dissolution of Marriage
Act.
| ||||||
16 | (d) The court may, for violation of any order under this | ||||||
17 | Section, punish the
offender as for a contempt of court, but no | ||||||
18 | pendente lite order shall remain in
effect longer than 4 | ||||||
19 | months, or after the discharge of any panel of jurors
summoned | ||||||
20 | for service thereafter in such court, whichever is sooner.
| ||||||
21 | (e) Any order for support entered by the court under this | ||||||
22 | Section shall be
deemed to be a series of judgments against the | ||||||
23 | person obligated to pay support
under the judgments, each such | ||||||
24 | judgment to be in the amount of each payment or
installment of | ||||||
25 | support and each judgment to be deemed entered as of the date
| ||||||
26 | the corresponding payment or installment becomes due under the |
| |||||||
| |||||||
1 | terms of the
support order. Each judgment shall have the full | ||||||
2 | force, effect, and attributes
of any other judgment of this | ||||||
3 | State, including the ability to be enforced.
Each judgment is | ||||||
4 | subject to modification or termination only in accordance with
| ||||||
5 | Section 510 of the Illinois Marriage and Dissolution of | ||||||
6 | Marriage Act. Interest shall accrue on support obligations as | ||||||
7 | provided in Section 12-109 of the Code of Civil Procedure. A | ||||||
8 | lien
arises by operation of law against the real and personal | ||||||
9 | property of the
noncustodial parent for each installment of | ||||||
10 | overdue support owed by the
noncustodial parent.
| ||||||
11 | (f) An order for support entered under this Section shall | ||||||
12 | include a
provision requiring the obligor to report to the | ||||||
13 | obligee and to the clerk of
the court within 10 days each time | ||||||
14 | the obligor obtains new employment, and each
time the obligor's | ||||||
15 | employment is terminated for any reason. The report shall
be in | ||||||
16 | writing and shall, in the case of new employment, include the | ||||||
17 | name and
address of the new employer.
| ||||||
18 | Failure to report new employment or the termination of | ||||||
19 | current employment,
if coupled with nonpayment of support for a | ||||||
20 | period in excess of 60 days, is
indirect criminal contempt. For | ||||||
21 | any obligor arrested for failure to report new
employment, bond | ||||||
22 | shall be set in the amount of the child support that should
| ||||||
23 | have been paid during the period of unreported
employment.
| ||||||
24 | An order for support entered under this Section shall also | ||||||
25 | include a
provision requiring the obligor and obligee parents | ||||||
26 | to advise each other of a
change in residence within 5 days of |
| |||||||
| |||||||
1 | the change except when the court finds
that the physical, | ||||||
2 | mental, or emotional health of a party or of a minor child,
or | ||||||
3 | both, would be seriously endangered by disclosure of the | ||||||
4 | party's address.
| ||||||
5 | (g) An order for support entered or modified in a case in | ||||||
6 | which a party is
receiving child support enforcement services | ||||||
7 | under Article X of the Illinois
Public Aid Code shall include a | ||||||
8 | provision requiring the noncustodial parent to
notify the | ||||||
9 | Department of Healthcare and Family Services, within 7 days, of | ||||||
10 | the name and
address of any new employer of the noncustodial | ||||||
11 | parent, whether the
noncustodial parent has access to health | ||||||
12 | insurance coverage through the
employer or other group coverage | ||||||
13 | and, if so, the policy name and number
and the names of persons | ||||||
14 | covered under the policy.
| ||||||
15 | (h) In any subsequent action to enforce an order for | ||||||
16 | support entered under
this Act, upon sufficient showing that | ||||||
17 | diligent effort has been made to
ascertain the location of the | ||||||
18 | noncustodial parent, service of process or
provision of notice | ||||||
19 | necessary in that action may be made at the last known
address | ||||||
20 | of the noncustodial parent, in any manner expressly provided by | ||||||
21 | the
Code of Civil Procedure or in this Act, which service shall | ||||||
22 | be sufficient for
purposes of due process.
| ||||||
23 | (i) An order for support shall include a date on which the | ||||||
24 | current support
obligation terminates. The termination date | ||||||
25 | shall be no earlier than the date
on which the child covered by | ||||||
26 | the order will attain the age of 18. However, if
the child will |
| |||||||
| |||||||
1 | not graduate from high school until after attaining the age of
| ||||||
2 | 18, then the termination date shall be no earlier than the | ||||||
3 | earlier of the date
on which the child's high school graduation | ||||||
4 | will occur or the date on which the
child will attain the age | ||||||
5 | of 19. The order for support shall state that the
termination | ||||||
6 | date does not apply to any arrearage that may remain unpaid on | ||||||
7 | that
date. Nothing in this subsection shall be construed to | ||||||
8 | prevent the court from
modifying the order or terminating the | ||||||
9 | order in the event the child is
otherwise emancipated.
| ||||||
10 | (i-5) If there is an unpaid arrearage or delinquency (as | ||||||
11 | those terms are defined in the Income Withholding for Support | ||||||
12 | Act) equal to at least one month's support obligation on the | ||||||
13 | termination date stated in the order for support or, if there | ||||||
14 | is no termination date stated in the order, on the date the | ||||||
15 | child attains the age of majority or is otherwise emancipated, | ||||||
16 | the periodic amount required to be paid for current support of | ||||||
17 | that child immediately prior to that date shall automatically | ||||||
18 | continue to be an obligation, not as current support but as | ||||||
19 | periodic payment toward satisfaction of the unpaid arrearage or | ||||||
20 | delinquency. That periodic payment shall be in addition to any | ||||||
21 | periodic payment previously required for satisfaction of the | ||||||
22 | arrearage or delinquency. The total periodic amount to be paid | ||||||
23 | toward satisfaction of the arrearage or delinquency may be | ||||||
24 | enforced and collected by any method provided by law for | ||||||
25 | enforcement and collection of child support, including but not | ||||||
26 | limited to income withholding under the Income Withholding for |
| |||||||
| |||||||
1 | Support Act. Each order for support entered or modified on or | ||||||
2 | after the effective date of this amendatory Act of the 93rd | ||||||
3 | General Assembly must contain a statement notifying the parties | ||||||
4 | of the requirements of this subsection. Failure to include the | ||||||
5 | statement in the order for support does not affect the validity | ||||||
6 | of the order or the operation of the provisions of this | ||||||
7 | subsection with regard to the order. This subsection shall not | ||||||
8 | be construed to prevent or affect the establishment or | ||||||
9 | modification of an order for support of a minor child or the | ||||||
10 | establishment or modification of an order for support of a | ||||||
11 | non-minor child or educational expenses under Section 513 of | ||||||
12 | the Illinois Marriage and Dissolution of Marriage Act.
| ||||||
13 | (j) A support obligation, or any portion of a support | ||||||
14 | obligation, which
becomes due and remains unpaid as of the end | ||||||
15 | of each month, excluding the child support that was due for | ||||||
16 | that month to the extent that it was not paid in that month, | ||||||
17 | shall accrue simple interest
as set forth in Section 12-109 of | ||||||
18 | the Code of Civil Procedure.
An order for support entered or | ||||||
19 | modified on or after January 1, 2006 shall
contain a statement | ||||||
20 | that a support obligation required under the order, or any
| ||||||
21 | portion of a support obligation required under the order, that | ||||||
22 | becomes due and
remains unpaid as of the end of each month, | ||||||
23 | excluding the child support that was due for that month to the | ||||||
24 | extent that it was not paid in that month, shall accrue simple | ||||||
25 | interest as set forth in Section 12-109 of the Code of Civil | ||||||
26 | Procedure. Failure to include the statement in the order for |
| |||||||
| |||||||
1 | support does
not affect the validity of the order or the | ||||||
2 | accrual of interest as provided in
this Section.
| ||||||
3 | (Source: P.A. 94-90, eff. 1-1-06; 95-331, eff. 8-21-07.)
| ||||||
4 | (750 ILCS 16/23 rep.) | ||||||
5 | Section 23. The Non-Support Punishment Act is amended by | ||||||
6 | repealing Section 23. | ||||||
7 | Section 25. The Income Withholding for Support Act is | ||||||
8 | amended by changing Section 15 as follows:
| ||||||
9 | (750 ILCS 28/15)
| ||||||
10 | Sec. 15. Definitions.
| ||||||
11 | (a) "Order for support" means any order of the court
which | ||||||
12 | provides for periodic payment of funds for the support of a | ||||||
13 | child
or maintenance of a spouse, whether temporary or final, | ||||||
14 | and includes any
such order which provides for:
| ||||||
15 | (1) modification or resumption of, or payment of | ||||||
16 | arrearage, including interest, accrued under,
a previously | ||||||
17 | existing order;
| ||||||
18 | (2) reimbursement of support;
| ||||||
19 | (3) payment or reimbursement of the expenses of | ||||||
20 | pregnancy and delivery
(for orders for support entered | ||||||
21 | under the Illinois Parentage Act of 1984 or its
predecessor | ||||||
22 | the Paternity Act); or
| ||||||
23 | (4) enrollment in a health insurance plan that is |
| |||||||
| |||||||
1 | available to the
obligor through an employer or labor union | ||||||
2 | or trade union.
| ||||||
3 | (b) "Arrearage" means the total amount of unpaid support | ||||||
4 | obligations , including interest,
as determined by the court and | ||||||
5 | incorporated into an order for support.
| ||||||
6 | (b-5) "Business day" means a day on which State offices are | ||||||
7 | open for
regular business.
| ||||||
8 | (c) "Delinquency" means any payment , including a payment of | ||||||
9 | interest, under an order for support
which
becomes due and | ||||||
10 | remains unpaid after entry of the order for
support.
| ||||||
11 | (d) "Income" means any form of periodic payment to an | ||||||
12 | individual,
regardless of source, including, but not limited | ||||||
13 | to: wages, salary,
commission, compensation as an independent | ||||||
14 | contractor, workers'
compensation, disability, annuity, | ||||||
15 | pension, and retirement benefits,
lottery prize
awards, | ||||||
16 | insurance proceeds, vacation pay, bonuses, profit-sharing | ||||||
17 | payments, severance pay,
interest,
and any other payments, made | ||||||
18 | by any person, private entity, federal or
state government, any | ||||||
19 | unit of local government, school district or any
entity created | ||||||
20 | by Public Act; however, "income" excludes:
| ||||||
21 | (1) any amounts required by law to be withheld, other | ||||||
22 | than creditor
claims, including, but not limited to, | ||||||
23 | federal, State and local taxes,
Social Security and other | ||||||
24 | retirement and disability contributions;
| ||||||
25 | (2) union dues;
| ||||||
26 | (3) any amounts exempted by the federal Consumer Credit |
| |||||||
| |||||||
1 | Protection Act;
| ||||||
2 | (4) public assistance payments; and
| ||||||
3 | (5) unemployment insurance benefits except as provided | ||||||
4 | by law.
| ||||||
5 | Any other State or local laws which limit or exempt income | ||||||
6 | or the amount
or percentage of income that can be withheld | ||||||
7 | shall not apply.
| ||||||
8 | (e) "Obligor" means the individual who owes a duty to make | ||||||
9 | payments under an
order for support.
| ||||||
10 | (f) "Obligee" means the individual to whom a duty of | ||||||
11 | support is owed or
the individual's legal representative.
| ||||||
12 | (g) "Payor" means any payor of income to an obligor.
| ||||||
13 | (h) "Public office" means any elected official or any State | ||||||
14 | or local agency
which is or may become responsible by law for | ||||||
15 | enforcement of, or which
is or may become authorized to | ||||||
16 | enforce, an order for support, including,
but not limited to: | ||||||
17 | the Attorney General, the Illinois Department of Healthcare and | ||||||
18 | Family Services, the Illinois Department of Human Services,
the | ||||||
19 | Illinois Department of Children and Family Services, and the | ||||||
20 | various
State's Attorneys, Clerks of the Circuit Court and | ||||||
21 | supervisors of general
assistance.
| ||||||
22 | (i) "Premium" means the dollar amount for which the obligor | ||||||
23 | is liable
to his employer or labor union or trade union and | ||||||
24 | which must be paid to enroll
or maintain a child in a health | ||||||
25 | insurance plan that is available to the obligor
through an | ||||||
26 | employer or labor union or trade union.
|
| |||||||
| |||||||
1 | (j) "State Disbursement Unit" means the unit established to | ||||||
2 | collect and
disburse support payments in accordance with the | ||||||
3 | provisions of Section 10-26 of
the Illinois Public Aid Code.
| ||||||
4 | (k) "Title IV-D Agency" means the agency of this State | ||||||
5 | charged by law with
the duty to administer the child support | ||||||
6 | enforcement program established under
Title IV, Part D of the | ||||||
7 | Social Security Act and Article X of the Illinois
Public Aid | ||||||
8 | Code.
| ||||||
9 | (l) "Title IV-D case" means a case in which an obligee or | ||||||
10 | obligor is
receiving child support enforcement services under | ||||||
11 | Title IV, Part D of the
Social Security Act and Article X of | ||||||
12 | the Illinois Public Aid Code.
| ||||||
13 | (m) "National Medical Support Notice" means the notice | ||||||
14 | required for
enforcement of orders for support providing for | ||||||
15 | health insurance coverage of a
child under Title IV, Part D of | ||||||
16 | the Social Security Act, the Employee
Retirement Income | ||||||
17 | Security Act of 1974, and federal regulations promulgated
under | ||||||
18 | those Acts.
| ||||||
19 | (n) "Employer" means a payor or labor union or trade union | ||||||
20 | with an employee
group health insurance plan and, for purposes | ||||||
21 | of the National Medical Support
Notice, also includes but is | ||||||
22 | not limited to:
| ||||||
23 | (1) any State or local governmental agency with a group | ||||||
24 | health
plan; and
| ||||||
25 | (2) any payor with a group health plan or "church plan" | ||||||
26 | covered
under the Employee Retirement Income Security Act |
| |||||||
| |||||||
1 | of 1974.
| ||||||
2 | (Source: P.A. 94-90, eff. 1-1-06; 95-331, eff. 8-21-07; 95-685, | ||||||
3 | eff. 10-23-07.)
| ||||||
4 | Section 30. The Illinois Parentage Act of 1984 is amended | ||||||
5 | by changing Sections 13.1 and 14 as follows:
| ||||||
6 | (750 ILCS 45/13.1)
| ||||||
7 | Sec. 13.1. Temporary order for child support. | ||||||
8 | Notwithstanding any other
law to the contrary, pending the | ||||||
9 | outcome of a
judicial determination of parentage, the court | ||||||
10 | shall issue a temporary order
for child support, upon motion by | ||||||
11 | a party and a showing of clear and convincing
evidence of | ||||||
12 | paternity. In determining the amount of the temporary child
| ||||||
13 | support award, the court shall use the guidelines and standards | ||||||
14 | set forth in
subsection (a) of Section 505 and in Section 505.2 | ||||||
15 | of the Illinois Marriage and
Dissolution of Marriage Act.
| ||||||
16 | Any new or existing support order entered by the court | ||||||
17 | under this Section
shall be deemed to be a series of judgments | ||||||
18 | against the person obligated to pay
support
thereunder, each | ||||||
19 | such judgment to be in the amount of each payment or
| ||||||
20 | installment of support and each judgment to be deemed entered | ||||||
21 | as of the date
the corresponding payment or installment becomes | ||||||
22 | due under the terms of the
support order. Each such judgment | ||||||
23 | shall have the full
force, effect, and attributes of any other | ||||||
24 | judgment of this State, including
the ability to be enforced. |
| |||||||
| |||||||
1 | Any such judgment is subject to modification or
termination | ||||||
2 | only in accordance with Section 510 of the Illinois Marriage | ||||||
3 | and
Dissolution of Marriage Act.
Interest shall accrue on | ||||||
4 | support obligations as provided in Section 12-109 of the Code | ||||||
5 | of Civil Procedure. A lien arises by operation of law against | ||||||
6 | the real and personal property of the
noncustodial parent for | ||||||
7 | each
installment of overdue support owed by the noncustodial | ||||||
8 | parent.
| ||||||
9 | All orders for support, when entered or modified, shall | ||||||
10 | include a provision
requiring the non-custodial parent to | ||||||
11 | notify the court, and in cases in which a
party is receiving | ||||||
12 | child support enforcement services under
Article X of the
| ||||||
13 | Illinois Public Aid Code, the Department of Healthcare and | ||||||
14 | Family Services, within 7 days,
(i) of the
name, address, and | ||||||
15 | telephone number of any new employer of the non-custodial
| ||||||
16 | parent, (ii) whether the non-custodial parent has access to | ||||||
17 | health
insurance coverage through the employer or other group | ||||||
18 | coverage, and, if so,
the policy name and number and the names | ||||||
19 | of persons covered under the policy,
and (iii) of any new | ||||||
20 | residential or mailing address or telephone number
of the | ||||||
21 | non-custodial parent.
| ||||||
22 | In any subsequent action to enforce a support order, upon | ||||||
23 | sufficient showing
that diligent effort has been made to | ||||||
24 | ascertain the location of the
non-custodial parent, service of | ||||||
25 | process or provision of notice necessary in
that action may be | ||||||
26 | made at the last known address of the non-custodial parent,
in |
| |||||||
| |||||||
1 | any manner expressly provided by the Code of Civil Procedure or | ||||||
2 | in this Act,
which service shall be sufficient for purposes of | ||||||
3 | due process.
| ||||||
4 | An order for support shall include a date on which the | ||||||
5 | current support
obligation terminates. The termination date | ||||||
6 | shall be no earlier than the date
on which the child covered by | ||||||
7 | the order will attain the age of majority or is
otherwise | ||||||
8 | emancipated. The
order for support shall state that the | ||||||
9 | termination date does not apply to any
arrearage that may | ||||||
10 | remain unpaid on that date. Nothing in this paragraph
shall be | ||||||
11 | construed to prevent the court from modifying the order.
| ||||||
12 | If there is an unpaid arrearage or delinquency (as those | ||||||
13 | terms are defined in the Income Withholding for Support Act) | ||||||
14 | equal to at least one month's support obligation on the | ||||||
15 | termination date stated in the order for support or, if there | ||||||
16 | is no termination date stated in the order, on the date the | ||||||
17 | child attains the age of majority or is otherwise emancipated, | ||||||
18 | then the periodic amount required to be paid for current | ||||||
19 | support of that child immediately prior to that date shall | ||||||
20 | automatically continue to be an obligation, not as current | ||||||
21 | support but as periodic payment toward satisfaction of the | ||||||
22 | unpaid arrearage or delinquency. That periodic payment shall be | ||||||
23 | in addition to any periodic payment previously required for | ||||||
24 | satisfaction of the arrearage or delinquency. The total | ||||||
25 | periodic amount to be paid toward satisfaction of the arrearage | ||||||
26 | or delinquency may be enforced and collected by any method |
| |||||||
| |||||||
1 | provided by law for the enforcement and collection of child | ||||||
2 | support, including but not limited to income withholding under | ||||||
3 | the Income Withholding for Support Act. Each order for support | ||||||
4 | entered or modified on or after the effective date of this | ||||||
5 | amendatory Act of the 93rd General Assembly must contain a | ||||||
6 | statement notifying the parties of the requirements of this | ||||||
7 | paragraph. Failure to include the statement in the order for | ||||||
8 | support does not affect the validity of the order or the | ||||||
9 | operation of the provisions of this paragraph with regard to | ||||||
10 | the order. This paragraph shall not be construed to prevent or | ||||||
11 | affect the establishment or modification of an order for the | ||||||
12 | support of a minor child or the establishment or modification | ||||||
13 | of an order for the support of a non-minor child or educational | ||||||
14 | expenses under Section 513 of the Illinois Marriage and | ||||||
15 | Dissolution of Marriage Act.
| ||||||
16 | (Source: P.A. 95-331, eff. 8-21-07.)
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17 | (750 ILCS 45/14) (from Ch. 40, par. 2514)
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18 | Sec. 14. Judgment.
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19 | (a) (1) The judgment shall contain or explicitly reserve
| ||||||
20 | provisions concerning any duty and amount of child support
and | ||||||
21 | may contain provisions concerning the custody and
guardianship | ||||||
22 | of the child, visitation privileges with the child, the
| ||||||
23 | furnishing of bond or other security for the payment of the | ||||||
24 | judgment,
which the court shall determine in accordance with | ||||||
25 | the relevant factors
set forth in the Illinois Marriage and |
| |||||||
| |||||||
1 | Dissolution of Marriage
Act and any other applicable law of | ||||||
2 | Illinois,
to guide the court in a finding in the best interests | ||||||
3 | of the child.
In determining custody, joint custody, removal, | ||||||
4 | or visitation, the court
shall apply
the relevant standards of | ||||||
5 | the Illinois Marriage and Dissolution of Marriage
Act, | ||||||
6 | including Section 609. Specifically, in determining the amount | ||||||
7 | of any
child support award or child health insurance coverage, | ||||||
8 | the
court shall use the guidelines and standards set forth in | ||||||
9 | subsection (a) of
Section 505 and in Section 505.2 of the | ||||||
10 | Illinois Marriage and Dissolution of
Marriage Act. For purposes | ||||||
11 | of Section
505 of the Illinois Marriage and Dissolution of | ||||||
12 | Marriage Act,
"net income" of the non-custodial parent shall | ||||||
13 | include any benefits
available to that person under the | ||||||
14 | Illinois Public Aid Code or from other
federal, State or local | ||||||
15 | government-funded programs. The court shall, in
any event and | ||||||
16 | regardless of the amount of the non-custodial parent's net
| ||||||
17 | income, in its judgment order the non-custodial parent to pay | ||||||
18 | child support
to the custodial parent in a minimum amount of | ||||||
19 | not less than $10 per month, as long as such an order is | ||||||
20 | consistent with the requirements of Title IV, Part D of the | ||||||
21 | Social Security Act.
In an action brought within 2 years after | ||||||
22 | a judicial determination of parentage, the judgment or
order | ||||||
23 | may direct either parent to pay the reasonable expenses | ||||||
24 | incurred by
either parent or the Department of Healthcare and | ||||||
25 | Family Services related to the mother's pregnancy and the | ||||||
26 | delivery of the
child. The judgment or order shall contain the |
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| |||||||
1 | father's social security number,
which the father shall | ||||||
2 | disclose to the court; however, failure to include the
father's | ||||||
3 | social security number on the judgment or order does not | ||||||
4 | invalidate
the judgment or order.
| ||||||
5 | (2) If a judgment of parentage contains no explicit award | ||||||
6 | of custody,
the establishment of a support obligation or of | ||||||
7 | visitation rights in one
parent shall be considered a judgment | ||||||
8 | granting custody to the other parent.
If the parentage judgment | ||||||
9 | contains no such provisions, custody shall be
presumed to be | ||||||
10 | with the mother;
however, the presumption shall not apply if | ||||||
11 | the father has had
physical custody for at least 6
months prior | ||||||
12 | to the date that the mother seeks to enforce custodial rights.
| ||||||
13 | (b) The court shall order all child support payments, | ||||||
14 | determined in
accordance with such guidelines, to commence with | ||||||
15 | the date summons is
served. The level of current periodic | ||||||
16 | support payments shall not be
reduced because of payments set | ||||||
17 | for the period prior to the date of entry
of the support order. | ||||||
18 | The Court may order any child support payments to be
made for a
| ||||||
19 | period prior to the commencement of the action.
In determining | ||||||
20 | whether and the extent to which the
payments shall be made for | ||||||
21 | any prior period, the court shall consider all
relevant facts, | ||||||
22 | including the factors for determining the amount of support
| ||||||
23 | specified in the Illinois Marriage and Dissolution of Marriage
| ||||||
24 | Act and other equitable factors
including but not limited to:
| ||||||
25 | (1) The father's prior knowledge of the fact and | ||||||
26 | circumstances of the
child's birth.
|
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| |||||||
1 | (2) The father's prior willingness or refusal to help | ||||||
2 | raise or
support the child.
| ||||||
3 | (3) The extent to which the mother or the public agency | ||||||
4 | bringing the
action previously informed the father of the | ||||||
5 | child's needs or attempted
to seek or require his help in | ||||||
6 | raising or supporting the child.
| ||||||
7 | (4) The reasons the mother or the public agency did not | ||||||
8 | file the
action earlier.
| ||||||
9 | (5) The extent to which the father would be prejudiced | ||||||
10 | by the delay in
bringing the action.
| ||||||
11 | For purposes of determining the amount of child support to | ||||||
12 | be paid for any
period before the date the order for current | ||||||
13 | child support is entered, there is
a
rebuttable presumption | ||||||
14 | that the father's net income for the prior period was
the same | ||||||
15 | as his net income at the time the order for current child | ||||||
16 | support is
entered.
| ||||||
17 | If (i) the non-custodial parent was properly served with a | ||||||
18 | request for
discovery of
financial information relating to the | ||||||
19 | non-custodial parent's ability to provide
child support, (ii)
| ||||||
20 | the non-custodial parent failed to comply with the request, | ||||||
21 | despite having been
ordered to
do so by the court, and (iii) | ||||||
22 | the non-custodial parent is not present at the
hearing to
| ||||||
23 | determine support despite having received proper notice, then | ||||||
24 | any relevant
financial
information concerning the | ||||||
25 | non-custodial parent's ability to provide child
support
that | ||||||
26 | was
obtained pursuant to subpoena and proper notice shall be |
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| |||||||
1 | admitted into evidence
without
the need to establish any | ||||||
2 | further foundation for its admission.
| ||||||
3 | (c) Any new or existing support order entered by the court | ||||||
4 | under this
Section shall be deemed to be a series of judgments
| ||||||
5 | against the person obligated to pay support thereunder, each | ||||||
6 | judgment
to be in the amount of each payment or installment of | ||||||
7 | support and each such
judgment to be deemed entered as of the | ||||||
8 | date the corresponding payment or
installment becomes due under | ||||||
9 | the terms of the support order. Each
judgment shall have the | ||||||
10 | full force, effect and attributes of any other
judgment of this | ||||||
11 | State, including the ability to be enforced.
Interest shall | ||||||
12 | accrue on support obligations as provided in Section 12-109 of | ||||||
13 | the Code of Civil Procedure. A lien arises by operation of law | ||||||
14 | against the real and personal property of
the noncustodial | ||||||
15 | parent for each installment of overdue support owed by the
| ||||||
16 | noncustodial parent.
| ||||||
17 | (d) If the judgment or order of the court is at variance | ||||||
18 | with the child's
birth certificate, the court shall order that | ||||||
19 | a new birth certificate be
issued under the Vital Records Act.
| ||||||
20 | (e) On request of the mother and the father, the court | ||||||
21 | shall order a
change in the child's name. After hearing | ||||||
22 | evidence the court may stay
payment of support during the | ||||||
23 | period of the father's minority or period of
disability.
| ||||||
24 | (f) If, upon a showing of proper service, the father fails | ||||||
25 | to appear in
court, or
otherwise appear as provided by law, the | ||||||
26 | court may proceed to hear the
cause upon testimony of the |
| |||||||
| |||||||
1 | mother or other parties taken in open court and
shall enter a | ||||||
2 | judgment by default. The court may reserve any order as to
the | ||||||
3 | amount of child support until the father has received notice, | ||||||
4 | by
regular mail, of a hearing on the matter.
| ||||||
5 | (g) A one-time charge of 20% is imposable upon the amount | ||||||
6 | of past-due
child support owed on July 1, 1988 which has | ||||||
7 | accrued under a support order
entered by the court. The charge | ||||||
8 | shall be imposed in accordance with the
provisions of Section | ||||||
9 | 10-21 of the Illinois Public Aid Code and shall be
enforced by | ||||||
10 | the court upon petition.
| ||||||
11 | (h) All orders for support, when entered or
modified, shall | ||||||
12 | include a provision requiring the non-custodial parent
to
| ||||||
13 | notify the court and, in cases in which party is receiving | ||||||
14 | child
support enforcement services under Article X of the | ||||||
15 | Illinois Public Aid Code,
the
Department of Healthcare and | ||||||
16 | Family Services, within 7 days, (i) of the name and
address of | ||||||
17 | any new employer of the non-custodial parent, (ii) whether the
| ||||||
18 | non-custodial
parent has access to health insurance coverage | ||||||
19 | through the employer or other
group coverage and, if so, the | ||||||
20 | policy name and number and the names of
persons
covered under | ||||||
21 | the policy, and (iii) of any new residential or mailing address
| ||||||
22 | or telephone
number of the non-custodial parent. In any | ||||||
23 | subsequent action to enforce a
support order, upon a sufficient | ||||||
24 | showing that a diligent effort has been made
to ascertain the | ||||||
25 | location of the non-custodial parent, service of process or
| ||||||
26 | provision of notice necessary in the case may be made at the |
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| |||||||
1 | last known
address of the non-custodial parent in any manner | ||||||
2 | expressly provided by the
Code of Civil Procedure or this Act, | ||||||
3 | which service shall be sufficient for
purposes of due process.
| ||||||
4 | (i) An order for support shall include a date on which the | ||||||
5 | current
support obligation terminates. The termination date | ||||||
6 | shall be no earlier
than
the date on which the child covered by | ||||||
7 | the order will attain the age of
18. However, if the child will | ||||||
8 | not graduate from high school until after
attaining the age
of | ||||||
9 | 18, then the termination date shall be no earlier than the | ||||||
10 | earlier of the
date on which
the child's high school graduation | ||||||
11 | will occur or the date on which the child
will attain the
age | ||||||
12 | of 19.
The order
for
support shall state that
the termination | ||||||
13 | date does not apply to any arrearage that may remain unpaid on
| ||||||
14 | that date. Nothing in this subsection shall be construed to | ||||||
15 | prevent the court
from modifying the order
or terminating the | ||||||
16 | order in the event the child is otherwise emancipated.
| ||||||
17 | (i-5) If there is an unpaid arrearage or delinquency (as | ||||||
18 | those terms are defined in the Income Withholding for Support | ||||||
19 | Act) equal to at least one month's support obligation on the | ||||||
20 | termination date stated in the order for support or, if there | ||||||
21 | is no termination date stated in the order, on the date the | ||||||
22 | child attains the age of majority or is otherwise emancipated, | ||||||
23 | the periodic amount required to be paid for current support of | ||||||
24 | that child immediately prior to that date shall automatically | ||||||
25 | continue to be an obligation, not as current support but as | ||||||
26 | periodic payment toward satisfaction of the unpaid arrearage or |
| |||||||
| |||||||
1 | delinquency. That periodic payment shall be in addition to any | ||||||
2 | periodic payment previously required for satisfaction of the | ||||||
3 | arrearage or delinquency. The total periodic amount to be paid | ||||||
4 | toward satisfaction of the arrearage or delinquency may be | ||||||
5 | enforced and collected by any method provided by law for | ||||||
6 | enforcement and collection of child support, including but not | ||||||
7 | limited to income withholding under the Income Withholding for | ||||||
8 | Support Act. Each order for support entered or modified on or | ||||||
9 | after the effective date of this amendatory Act of the 93rd | ||||||
10 | General Assembly must contain a statement notifying the parties | ||||||
11 | of the requirements of this subsection. Failure to include the | ||||||
12 | statement in the order for support does not affect the validity | ||||||
13 | of the order or the operation of the provisions of this | ||||||
14 | subsection with regard to the order. This subsection shall not | ||||||
15 | be construed to prevent or affect the establishment or | ||||||
16 | modification of an order for support of a minor child or the | ||||||
17 | establishment or modification of an order for support of a | ||||||
18 | non-minor child or educational expenses under Section 513 of | ||||||
19 | the Illinois Marriage and Dissolution of Marriage Act.
| ||||||
20 | (j) An order entered under this Section shall include a | ||||||
21 | provision
requiring the obligor to report to the obligee and to | ||||||
22 | the clerk of court within
10 days each time the obligor obtains | ||||||
23 | new employment, and each time the
obligor's employment is | ||||||
24 | terminated for any reason.
The report shall be in writing and | ||||||
25 | shall, in the case of new employment,
include the name and | ||||||
26 | address of the new employer.
Failure to report new employment |
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| |||||||
1 | or
the termination of current employment, if coupled with | ||||||
2 | nonpayment of support
for a period in excess of 60 days, is | ||||||
3 | indirect criminal contempt. For
any obligor arrested for | ||||||
4 | failure to report new employment bond shall be set in
the | ||||||
5 | amount of the child support that should have been paid during | ||||||
6 | the period of
unreported employment. An order entered under | ||||||
7 | this Section shall also include
a provision requiring the | ||||||
8 | obligor and obligee parents to advise each other of a
change in | ||||||
9 | residence within 5 days of the change
except when the court | ||||||
10 | finds that the physical, mental, or emotional health
of a party | ||||||
11 | or that of a minor child, or both, would be seriously | ||||||
12 | endangered by
disclosure of the party's address.
| ||||||
13 | (Source: P.A. 94-923, eff. 1-1-07; 94-1061, eff. 1-1-07; | ||||||
14 | 95-331, eff. 8-21-07; 95-864, eff. 1-1-09.)
| ||||||
15 | (750 ILCS 45/20.7 rep.) | ||||||
16 | Section. 35. The Illinois Parentage Act of 1984 is amended | ||||||
17 | by repealing Section 20.7.
| ||||||
18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.".
|